IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130001001 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 June 2004, to show her home of record (HOR) as an Alabama (AL) address instead of P.O. Box XXXX, Fort Gordon, Georgia (GA).

2.  The applicant states she wants her DD Form 214 updated with the accurate address and information.  This error has caused many hardships for her family.  She believes the information recorded on her DD Form 214 is unjust and a humongous error as she never entered the service using a P.O. Box located in Georgia as her address.  At the time she was living in Phenix City, AL.  This error had removed the chance for her son to utilize the benefits he is entitled to as a dependent of an Alabama veteran and resident.

3.  The applicant provides copies of her 2004 DD Form 214 and Alabama Power Account Activity Statement.

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's DD Form 4/1 (Enlistment/Reenlistment Document), signed by the applicant on 8 September 1995, shows she enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 8 September 1995 and enlisted in the Regular Army (RA) on 31 January 1996 for 4 years.  The DD Form 4/1 contains the following entries:

* Item 3 (HOR) – XXXXX NW XXth Avenue, Miami, Florida (FL)
* Item 4 (Place of Enlistment/Reenlistment) - Miami Military Entrance Processing Station (MEPS), Miami, FL

3.  On 16 September 1997, she extended her enlistment by a period of 1 month and her expiration date of service was adjusted to 29 February 2000. 

4.  Prior to her release from active duty, she executed an enlistment in the Georgia Army National Guard (GAARNG).  Her DD Form 4/1, signed by her on 13 January 2000, shows she enlisted in the GAARNG to be effective the day after her release from active duty.  The DD Form 4/1 contains the following entries:

* Item 3 – listed her HOR as XXXX SXXX Drive, Apt X, Atlanta, GA
* Item 4 – listed the place of enlistment as Kaiserslautern, Germany

5.  She was honorably released from active duty on 29 February 2000.  Her DD Form 214 shows in:

* Item 7a (Place of Entry Into Active Duty) - Miami, FL
* Item 7b (HOR at Time of Entry) - XXXXX NW XXth Avenue, Miami, FL

6.  She reenlisted in the ARNG on 2 October 2001.  Her DD Form 4/1, signed by her on 2 October 2001, contains the following entries:

* Item 3 – listed her HOR as XXXX SXXXX-MXXX Road, Columbus, GA
* Item 4 – listed her place of enlistment as Columbus, GA

7.  She entered on active duty in support of Operation Noble Eagle and/or Operation Enduring Freedom on 2 June 2003.  Her mobilization orders are not available for review with this case.  
8.  On 14 May 2003, Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, GA, published Orders 135-0044, releasing her from active duty with an effective date of 11 June 2004.  The orders show her HOR as Fort Gordon, GA, and she entered on active duty from Columbus, GA.

9.  She was honorably released from active duty on 11 June 2004 and she was transferred to a GAARNG unit.  Her DD Form 214 for this period of service shows in:

* Item 7a - the place of entry into active duty as Columbus, GA
* Item 7b - the HOR as P.O. Box XXXX, Fort Gordon, GA

10.  On 5 February 2005, the GAARNG published Orders Number 036-017, discharging her from the GAARNG effective 1 August 2004.  The orders show her HOR as P.O. Box XXXX, Phenix City, AL.

11.  She was ultimately honorably discharged from the GAARNG on 1 August 2004.  Her National Guard Bureau Form 22 (Report of Separation and Record of Service) shows her mailing address after separation as P.O. Box XXXX, Fort Gordon, GA.  

12.  Joint Federal Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individual’s entry on active duty.  Joint Federal Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the Soldier.  It further states the HOR cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, 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.

DISCUSSION AND CONCLUSIONS:

1.  An individual's HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.

2.  The evidence of record shows when she first enlisted in the DEP on 8 September 1995 and subsequently in the RA on 17 January 1996, the applicant listed her HOR as Miami, FL.  As such, her RA DD Form 214, ending on 29 February 2000, correctly listed her HOR as Miami, FL. 
3.  Prior to her release from active duty, she executed an enlistment in the GAARNG on 13 January 2000 and she listed her HOR as Atlanta, GA.  She reenlisted in the GAARNG on 2 October 2001 and she listed her HOR as Columbus, GA.  

4.  While in the ARNG, she was mobilized and entered active duty.  Her mobilization orders are not available for review with this case.  When her mobilization period ended, she was issued orders that released her from active duty on 11 June 2004 and listed the place she entered active duty as Columbus, GA, and her HOR as Fort Gordon, GA.  The resulting DD Form 214 listed her HOR as P.O. XXXX, Fort Gordon, GA.

5.  Although her 2003 mobilization orders are not available, her demobilization orders clearly show her HOR as Fort Gordon, GA.  Therefore, without evidence to the contrary, it is concluded her DD Form 214 correctly shows her HOR as Fort Gordon, and there is insufficient evidence submitted as a basis to change the DD Form 214.

6.  In accordance with pertinent regulations, her HOR is the place recorded as her home when was ordered into a tour of active duty.  Therefore, the HOR listed on her 2004 DD Form 214 was properly annotated.  In view foregoing, there is insufficient evidence to grant her 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)                                         AR20130001001





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ABCMR Record of Proceedings (cont)                                         AR20130001001



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