IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120015330 


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) to show his home of record (HOR) as "Texas" instead of "West Virginia." 

2.  The applicant states:

* From 1989 until his discharge, his Leave and Earnings Statement (LES) showed a Texas address
* His last reenlistment showed El Paso, Texas as his HOR
* In order for his daughter to be eligible for educational benefits, he needs his HOR changed

3.  The applicant provides his January through March 1996 LES.

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) on 28 November 1984.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his HOR as "Box 2XX, Mullens, West Virginia."  He enlisted at the Beckley, West Virginia Military Entrance Processing Station.  

3.  He also completed multiple allied documents in connection with this enlistment.  In Section IV (Other Background Data) of his DD Form 1966/3 (Record of Military Processing-Armed Forces of United States), he listed this address and indicated he had resided at this address from April 1975 to the date of enlistment.  

4.  He was discharged from the DEP on 1 August 1985 and subsequently enlisted in the Regular Army for 4 years on that date.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 24T (Patriot Operator/Systems Mechanic).  He served in Germany, Saudi Arabia, and Korea.  

5.  On 11 April 1989, while stationed in Germany, he executed a reenlistment in the Regular Army.  His DD Form 4 also listed his HOR as "Box 2XX, Mullens, West Virginia."  This form also shows in item 4 (Place of Enlistment/
Reenlistment) the entry Ansbach, Germany. 

6.  On 12 January 1995, while stationed at Fort Bliss, Texas, he executed a reenlistment in the Regular Army.  His DD Form 4 also listed his HOR as "Box 2XX, Mullens, West Virginia."  This form also shows in item 4 the entry Fort Bliss, Texas.

7.  On 20 February 1996, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, Texas, published Orders 51-11 ordering his honorable discharge effective 25 March 1996, by reason of disability with entitlement to severance pay.  The orders listed his HOR as "Mullens, West Virginia."

8.  He was honorably discharged from active duty on 25 March 1996.  The DD Form 214 he was issued shows in:

* item 7a (Place of Entry Into Active Duty) - "Beckley, West Virginia"
* Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Box 2XX, Mullens, West Virginia"

9.  He provided his LESs from January to March 1996 that show he was receiving housing allowance based on a Texas zip code.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states, in 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.  

11.  The Joint Federal Travel Regulation (JFTR) provides, in 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 his HOR should be changed to show the address in Texas vice the one in West Virginia was carefully considered.  However, there is insufficient evidence to support this claim.

2.  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.  

3.  In this case, the evidence of record contains an enlistment contract authenticated by the applicant at the time of his initial entry into the Army in November 1984 (DEP) and August 1985 (active duty). This official document confirms his HOR as "Box 2XX, Mullens, West Virginia."  He also reenlisted on two occasions and his reenlistment contracts listed his HOR as "Box 2XX, Mullens, West Virginia."  Nowhere in his enlistment contract or allied documents is any reference made to another HOR in Texas.  

4.  He reenlisted at Fort Bliss, Texas, but that duty station was never his HOR.  He also received housing allowance based on a Texas address because that is where he was assigned.  
5.  His contention that this affects his 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 his 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)                                         AR20120015330





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ABCMR Record of Proceedings (cont)                                         AR20120015330



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