BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011377 


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, in effect, correction of his records to change his home of record (HOR) from Glendale, CA to Wisconsin.

2.  The applicant states his recruiter did not explain the significance of the HOR, nor did the recruiter ask him for his permanent home address.  With the exception of the 8 months he spent in California he has lived in Wisconsin his entire life.  He swore his oath and left for basic training from the Milwaukee Military Entrance Processing Station and returned to Milwaukee upon his release from active duty.

3.  The applicant provides a self-authored statement, DD Form 4 (Enlistment/Reenlistment Document of the Armed Forces of the United States) and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 under the Delayed Entry Program (DEP) at the Los Angeles, CA, Military Entrance Processing Station (MEPS) on 8 November 1990.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his HOR as "Glendale, CA."  

3.  He also completed a DD Form 1966/2 (Enlistment Processing) as an allied document to his DD Form 4.  He stated in Section III (Other Personal Data) that he attended high school from September 1984 to June 1989 at Madison East High School, WI.  However, he had been attending Alan Daily Continuation in Glendale, CA from October 1990 to the present.  

4.  He was discharged from the DEP on 19 February 1991 and enlisted in the Regular Army at the Milwaukee, WI, MEPS on 20 February 1991.  He held military occupational specialty 19D (Cavalry Scout). 

5.  On 9 September 1993, Headquarters, 520th Personnel Service Company, Germany, published Orders 218-05 ordering his honorable release from active duty effective 19 February 1994 by reason of having completed his required service.  The orders listed his HOR as "Glendale, CA."

6.  He was honorably released from active duty on 19 February 1994.  The DD Form 214 he was issued shows in:

* item 7a (Place of Entry Into Active Duty) - "Milwaukee, WI"
* Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Glendale, CA"

7.  He provided a self-authored statement which essentially reiterates item 2 of his request, statement, and evidence portion of this record of proceedings.

8.  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.  

9.  The Joint Federal Travel Regulation (JFTR) 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.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.  

2.  In this case, the evidence of record shows upon his initial enlistment in the DEP at the Los Angeles MEPS in November 1990, he listed his HOR as "Glendale, CA."  However, he was discharged from the DEP and subsequently enlisted in the Regular Army at the Milwaukee, WI, MEPS on 20 February 1991.  

3.  It appears obvious he was visiting CA at the time of his enlistment in the DEP. It appears that his HOR may have been inadvertently listed as Glendale.  Therefore, as a matter of equity only, his HOR should be corrected to show Milwaukee, WI.

BOARD VOTE:

_x____  ____x____  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry referring to Glendale, CA as his HOR and replacing it with Milwaukee, WI on the following military records or documents:

* DD Form 214
* Separation orders
* DD Form 4



      _______ _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)                                         AR20120011377





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ABCMR Record of Proceedings (cont)                                         AR20120011377



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