IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010516 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Killeen, TX."

2.  The applicant states:

* She officially changed her HOR to Killeen, TX, and although she changed her HOR, it is not shown on her DD Form 214
* When she retired for disability, she did not review her records due to lack of experience
* She still lives in TX and needs this correction so that she may qualify for educational benefits for her daughter

3.  The applicant did not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve at the Louisville Military Entrance Processing Station (MEPS) under the Delayed Entry Program (DEP) on 2 June 1987.  Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document) listed her HOR as "Box xxx, Littcarr, KY." 

3.  She also completed multiple allied documents in connection with this enlistment.  In Section III (Other Personal data) of her DD Form 1966 (Record of Military Processing-Armed Forces of United States), she listed her residences from June 1974 to the present as Box 0xx, Littcarr, KY, and that she attended high school from August 1983 at Knott County High School, Hindman, KY.

4.  She was discharged from the DEP on 8 October 1987 and on 9 October 1987 she enlisted in the Regular Army for 3 years.  

5.  She completed basic combat and advanced individual training at Fort Dix, NJ, and she was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  

6.  Subsequent to completing MOS training, she was assigned to and served with Company A, 36th Support Battalion, Fort Hood, TX from on or about 24 February 1988 to the date of her medical retirement. 

7.  She was evaluated by a physical evaluation board that recommended placement on the temporary disability retired list (TDRL).  

8.  She was honorably retired on 16 October 1989 and placed on the TDRL on 17 October 1989 by reason of temporary disability.  The DD Form 214 she was issued does not show an entry for the HOR; however, it shows in:

* Item 6 (Place of Entry on Active Duty) - "Louisville, KY"
* Item 8 (Station Where Separated) - "Fort Hood, TX"

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.  

10.  The Joint Federal Travel Regulation provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her HOR should be changed to show Killeen, TX was carefully considered.  However, there is insufficient evidence to support this claim.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.  Any correction to a HOR must be based on evidence that a bona fide error was made.  

2.  In this case, the evidence of record contains an enlistment contract authenticated by the applicant at the time of her initial entry into the Army in 1987.  This official document confirms her HOR as "Box xxx, Littcarr, KY." Nowhere in her enlistment contract or allied documents is any reference made to another HOR.  She was separated at Fort Hood, TX, but Fort Hood was never her HOR and there is no evidence she submitted a request to change her HOR to Fort Hood or that such action was approved. 

3.  The applicant's contention that this affects her educational benefits is also noted.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  As a result, absent any error being made in the HOR recorded at the time of her entry into service, there is an insufficient evidentiary basis to support granting the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120010516



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ABCMR Record of Proceedings (cont)                                         AR20120010516



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