BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022426
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 that his officially recorded home of record (HOR) be changed.
2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects in block 21 that his HOR is in Iowa; however, he was living and going to school in Milwaukee, Wisconsin from 1963 to 1965. He goes on to state that he entered the service in Milwaukee, Wisconsin and his address at the time was in Milwaukee, Wisconsin. He further states that the error on his DD Form 214 prohibits his pursuit of special veterans benefits for Wisconsin veterans.
3. The applicant provides a copy of 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 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. On 28 December 1965, in Milwaukee, Wisconsin, he enlisted in the Regular Army for a period of 3 years and training as a heavy equipment repairman. His DD Form 4 (Enlistment Record-Armed Forces of the United States) lists his HOR as Waterloo, Iowa. His Selective Service Board Number and address were also Waterloo, Iowa. He was divorced at the time of enlistment and his HOR coincides with the address of his parents.
3. On 19 December 1968, he was honorably released from active duty (REFRAD) at Oakland Army Base, California as an overseas returnee. His
DD Form 214 issued at the time of REFRAD reflects the HOR recorded at the time of his enlistment. It also provides a mailing address in Milwaukee, Wisconsin.
4. The Joint Federal Travel Regulation (JFTR) provides, in effect, 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 a 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 that the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his HOR should be changed because he was actually living in Wisconsin and not Iowa has been noted; however, the applicant provided the address used as his HOR at the time of enlistment and it coincides with his parents address.
2. Additionally, he has failed to show sufficient evidence to establish that the HOR as recorded in his official records was not in fact the HOR he provided and that it was recorded in error.
3. Inasmuch as the JFTR provides that a HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier, there appears to be no basis to change his HOR.
4. 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) AR20120022426
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022426
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008762
He provided his HOR as Louisville, Mississippi and his address at the time as Milwaukee, Wisconsin. His DD Form 4 for this enlistment shows both his HOR and place of entry as Milwaukee, Wisconsin. The evidence of record clearly shows the FSM was living in Milwaukee, Wisconsin, at the time of his entry into the Regular Army.
ARMY | BCMR | CY2012 | 20120011377
The applicant requests, in effect, correction of his records to change his home of record (HOR) from Glendale, CA to Wisconsin. 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. 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...
ARMY | BCMR | CY2009 | 20090018369
Application for correction of military records (with supporting documents provided, if any). By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. ABCMR Record of Proceedings (cont) AR20090018369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2014 | 20140002391
The applicant states that his initial entry into active duty was Augusta, Georgia; however, he separated from the Air Force in Abilene, Texas and re-entered in San Antonio, Texas. There is no authority to change a HOR as officially recorded at time of entry into the military service. The applicants contention that his HOR should be changed because he changed his residency to Texas has been noted; however, the applicant provided the address used as his HOR at the time of enlistment and it...
ARMY | BCMR | CY2006 | 20060003470C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his HOR (home of record) on his 1969 separation document be corrected to reflect an address in Twin Lakes, Wisconsin, vice the address in Richmond, Illinois. 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.
ARMY | BCMR | CY2013 | 20130013944
There is no authority to change a HOR as officially recorded at time of entry into the military service. Correction of the HOR must be based on evidence that a bona fide error was made and that the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. 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.
ARMY | BCMR | CY2008 | 20080010239
The applicant requests that his home of record (HOR) be changed to coincide with his spouses HOR. However, a HOR may be changed in those instances where a member can show that through a bona fide error, the place originally named at time of current entry into the service was not in fact the actual home. He has also failed to show through the evidence of record or the evidence submitted with his application that his HOR is in error.
ARMY | BCMR | CY2013 | 20130009550
The Joint Federal Travel Regulation (JFTR) states the HOR is the place recorded as the home of the individual at the time of enlistment or induction. 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. The applicant has provided insufficient evidence to show his permanent home was not with his father at Fort Richardson at the time...
ARMY | BCMR | CY2012 | 20120016248
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120016248 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant has failed to show through the evidence of record or the evidence submitted with his application that his HOR is in error. Inasmuch as the JFTR provides that an HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier, there is no basis to change the applicant's HOR.
ARMY | BCMR | CY2013 | 20130010834
Application for correction of military records (with supporting documents provided, if any). 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. The applicant has provided insufficient evidence to show his permanent home was not Nashville, Arkansas, at the time he enlisted.