IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022794
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 his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2000 be changed to Dallas, TX 75217 instead of Honolulu, HI 96812.
2. The applicant states he enlisted in Dallas, TX on 20 March 1985 after being discharged from the military while in Italy.
3. The applicant provides:
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 20 March 1985
* DD Form 4, dated 23 July 1999
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 initially enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) on 5 April 1979 for 6 years. The DD Form 4 shows he had 1 year, 4 months, and 4 days of previous service. The HOR entered on his DD Form 4 was Honolulu, HI 96822. He then enlisted in the Regular Army on 10 April 1979 for 4 years.
3. On 9 July 1983, he was released from active duty and transferred to the USAR. On 1 January 1984, he was discharged from the USAR.
4. On 20 March 1985, he enlisted in the USAR/DEP. The HOR entered on his
DD Form 4 was Dallas, TX 75217. He then enlisted in the Regular Army on
10 April 1985 for 3 years. He served continuously until his retirement on
30 September 2000. Item 7b (HOR at Time of Entry) on his DD Form 214 shows Honolulu, HI 96812.
5. Table 11-1 (Instructions for completing DD Form 4) of Army Regulation
601-280 (Army Retention Program) states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the 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 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member.
6. The Joint Federal Travel Regulations, Volume 1, Appendix A (Definitions), Part I (Terms), defines HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. The regulation further states that only if a break in service exceeds one full day may a member change the HOR.
DISCUSSION AND CONCLUSIONS:
His HOR upon his initial enlistment was Honolulu, HI. However, he was discharged on 1 January 1984 and did not enlist again until 20 March 1985. Therefore, he had a break in service of more than 1 day. The HOR shown on his DD Form 4 dated 20 March 1985 became his official HOR and should be shown in item 7b of his last DD Form 214.
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 changing item 7b of his DD Form 214 with a separation date of 30 September 2000 to show his HOR as "Dallas, TX 75217."
_______ _ 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) AR20120022794
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ABCMR Record of Proceedings (cont) AR20120022794
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