IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130000589 


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 in:

* item 7b (Home of Record (HOR) At Time of Entry) Cuba, AL, vice Louisville, KY
* item 19b (Nearest Relative) his mother's name, Dorothy A. Bxxxxx, vice his father's name, James L. Wxxxxxx, Sx

2.  The applicant states he had little life history in Louisville, KY, before he went into the military.  His HOR should be listed as 5XXX Sxxxxx 9, Cuba, AL, because that is where he registered with the Selective Service and graduated from high school.  His Louisville resident address at the time he went into the military was his nonresident home.  His stepfather still lives in Cuba or Ward, AL.  His stepfather was married and separated from his mother at the time he entered the military.  At the time of his discharge his mother was his nearest relative, not his father.

3.  The applicant provides his DD Form 214, an Alabama Secondary School Permanent Record, an earnings statement for Dorothy A. Bxxxxx, and one page titled Selective Service Record Search Results. 

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.  In conjunction with the applicant's enlistment in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP), he completed a DD Form 398-2 (National Agency Request Questionnaire) on 20 April 1993, wherein it shows in item 10 (Residences) that he listed his residence from "April 1992 to present" as "1XXX Axxxxxx, Louisville, KY."

3.  He enlisted in the USAR DEP on 22 April 1993 at the Louisville Military Entrance Processing Station (MEPS), Louisville, KY.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 22 April 1993, shows in item 3 (HOR) the entry 1XXX Axxxxxx Avenue, Louisville, KY.  Item 4 (Place of Enlistment/Reenlistment) contains the entry Louisville MEPS, Louisville, KY.  He was discharged from the DEP on 13 May 1993.

4.  His DD Form 1966/1 (Record of Military Processing), an allied document to the DD Form 4, also listed his HOR as well as his current address as Louisville, KY.

5.  He enlisted in the Regular Army on 14 May 1993 at the Louisville MEPS, Louisville, KY.  Orders 095-02, dated 14 May 1993, issued by the Louisville MEPS, Louisville, KY, assigned him to the 39th Adjutant General Battalion, Fort Benning, GA, effective 14 May 1993.

6.  On 23 September 1993, he completed a DD Form 93 (Record of Emergency Data) wherein he listed his father's name and address as James L. Wxxxxxx, Sx., 1XXX Axxxxxx Avenue, Louisville, KY.  He also listed his mother's name and address as Dorothy A. Bxxxxx, 1XXX Axxxxxx Avenue, Louisville, KY.

7.  He was discharged from the active duty on 26 July 1994.  The DD Form 214 he was issued shows the following entries in:

* item 7b Louisville, KY
* item 19 James L. Wxxxxxx, Sx., 1XXX Axxxxxx Avenue, Louisville, KY
8.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program.  Table 11-1 of this regulation defines the HOR as 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 home 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 home of record be changed by the member.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR.  The "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 (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  The HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

10.  The 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.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.  

2.  In this case, the evidence of record shows the applicant identified his HOR as Louisville, KY, and he entered active duty in Louisville, KY.  He served continuously on active duty, without any break in service, through his separation on 26 July 1994.  Accordingly, when his DD Form 214 was prepared upon discharge, his HOR and the place of entry on active duty were correctly listed as Louisville, KY.  There is neither an error nor an injustice or a reason to change the HOR listed on his DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.  

3.  With regard to showing his mother's name as his nearest relative, he did not provide any evidence that shows prior to his discharge on 26 July 1994 he listed his mother as his nearest relative after separation.  This information is provided by the member during the preparation of the DD Form 214.  In the absence of evidence to the contrary, it is presumed what the Army did in this case was correct and his DD Form 214 correctly shows he listed his father as his nearest relative at the time of separation.  Therefore, there is an insufficient evidentiary basis for granting him this portion of 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)                                         AR20130000589



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ABCMR Record of Proceedings (cont)                                         AR20130000589



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