IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120012614
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1997 to show his home of record (HOR) as Copperas Cove, TX instead of [St.] Roberts, MO.
2. He states St. Roberts, MO was never his HOR. He lived there approximately 15 months while stationed at Fort Leonard Wood, MO. Copperas Cove, TX was his HOR at that time and still is.
3. He provides his DD Form 214.
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 applicants 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 applicants 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 (USAR) Delayed Entry Program (DEP) on 24 January 1981. He was discharged from the USAR DEP on 5 March 1981. On 6 March 1981, he enlisted in the Regular Army (RA) for a period of 4 years. His DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as Shelby, NC.
3. On 17 December 1985, he executed an immediate reenlistment for a period of 6 years. The DD Form 4 for this reenlistment shows his HOR as 1 W------- P---, St. Roberts, MO.
4. On 24 June 1991, he executed another immediate reenlistment for a period of 6 years. The DD Form 4 for this reenlistment shows his HOR as P.O. Box 1xxx, Copperas Cove, TX.
5. On 31 May 1997, he was retired by reason of voluntary early retirement. He completed 16 years, 2 months, and 25 days of creditable active service. The
DD Form 214 he was issued at the time shows his HOR as St. Roberts, MO.
6. Army Regulation 601-280 (Total Army Reenlistment Program), in effect at the time, provided that the HOR was the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the member.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation, then in effect, stated a Soldiers initial enlistment contract is the source for HOR data for entry on the DD Form 214. It prescribed entry of the street, city, state, and zip code listed as a Soldiers HOR. "Home of Record" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, Appendix A, Part I). HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record shows when he initially entered the RA he listed his HOR as Shelby, NC.
2. His subsequent reenlistment documents show his HOR as 1 W------- P---,
St. Roberts, MO and P.O. Box 1xxx, Copperas Cove, TX.
3. Army Regulation 601-280 and the JFTR state a Soldier's HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day. The applicant's active service was continuous. As such, he was not authorized to change his HOR.
4. It appears an administrative error occurred when St. Roberts, MO and Copperas Cove, TX were entered on the applicant's reenlistment contracts in 1985 and 1991, respectively. Based on the HOR of his initial enlistment document, his HOR on his DD Form 214 should reflect Shelby, NC. However, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board. For this reason, the Board will not take any action to effect the administrative change to correct his DD Form 214 to show his HOR as Shelby, NC.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120012614
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ABCMR Record of Proceedings (cont) AR20120012614
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