IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000405
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) after separation be changed to San Antonio, TX.
2. The applicant states he is a Texas resident and would like to use the Texas Hazlewood Education Program.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 1991
* documents from Texas concerning his residency status
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. He previously served 1 year and 9 months in the Army of the United States and 4 years, 2 months, and 23 days in the U.S. Army Reserve (USAR).
3. On 11 November 1976, he enlisted in the USAR for 4 years. A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) that he signed on 27 October 1976 shows his HOR as Carolina, PR. The DD Form 1966 shows he enlisted in the Regular Army on 3 February 1977 for 4 years. He served continuously until his discharge on 15 November 1991.
4. The following documents show his HOR as Carolina, PR:
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 18 August 1979
* DD Form 4, dated 10 October 1983
* DD Form 4, dated 28 July 1987
5. On 15 November 1991, he was discharged. Item 7 (HOR at Time of Entry) of his DD Form 214 shows Carolina, PR. Item 19a (Mailing Address after Separation) shows an address in San Antonio, TX.
6. Table 11-1 of Army Regulation 601-280 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.
7. The Joint Federal Travel Regulation 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. The HOR address upon enlistment is designated by the applicant. He designated an address in Carolina, PR at the time of enlistment on 3 February 1977 and served continuously until his discharge date. Because there was no break in service of at least 1 day his HOR remains Carolina, PR.
2. An individual's place of residence or permanent mailing address after separation has no bearing on his HOR.
3. In view of the above, there is no basis to grant relief in this case.
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) AR20130000405
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