IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002339
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 his home of record (HOR) as Killeen, Texas.
2. The applicant states he got out of the Army in August 2001 and reenlisted in August 2001 for the Active Guard Reserve (AGR). Therefore, he contends that his place of entry was not Lima, Ohio, but rather it was Killeen, Texas.
3. The applicant provides no additional documentation.
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 DD Forms 4 (Enlistment/Reenlistment Document), as filed in the applicant's Army Military Human Resource Record (AMHRR), show:
a. 9 November 1989: Enlisted in the U.S. Army Reserve (USAR) for 8 years with an HOR of Lima, Ohio;
b. 19 March 1993: Enlisted in the Regular Army (RA) for 4 years with an HOR of Lima, Ohio;
c. 14 November 1997: Reenlisted in the RA for 2 years with an HOR of Lima, Ohio;
d. 14 May 2001: USAR enlistment for 1 year with an HOR of Killeen, Texas; and
e. 28 December 2004: Reenlistment in the USAR for an indefinite period with an HOR of Fort Lewis, Washington.
3. The applicant's record contains two DD Forms 214.
a. DD Form 214, for the period 28 August 1990 to 11 August 2001, shows he was discharged from the RA. His HOR is recorded as Lima, Ohio.
b. DD Form 214, for the period 12 August 2001 to 31 January 2011, shows he was retired from the USAR. His HOR is recorded as Lima, Ohio.
4. On 31 January 2011, the applicant retired due to sufficient length of service.
5. The Joint Federal Travel Regulation (JFTR) provides 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 the 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. It may not be a place selected for the convenience of the Soldier.
6. Army Regulation 601-280 (Army retention Program) states in Table 11-1 (Instructions for Completing DD Form 4) that for USAR Soldiers, the HOR entry will be the permanent address claimed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his HOR as Killeen, Texas, because he changed it when he reenlisted in August 2001.
2. The evidence of record clearly shows that the applicant had established his HOR as Lima, Ohio from 1989 to 13 May 2001. On 14 May 2001, he then established an HOR of Killeen, Texas when he enlisted in the USAR.
3. However, the evidence of record also shows he was discharged from the RA on 11 August 2001. His DD Form 214 ending on this date shows his HOR as Lima, Ohio. The day after his discharge, his HOR of Killeen, Texas that he established on 14 May 2001, became effective.
4. On 28 December 2004, he reenlisted in the USAR for an indefinite period. This DD Form 4 shows his permanent address in the HOR block as Fort Lewis, Washington. However, in accordance with the JFTR, he was not authorized to change his HOR at this time. Therefore, Killeen, Texas remained his HOR. This is the last documented enlistment/ reenlistment in his records.
5. On 31 January 2011, he retired. His DD Form 214 ending in conjunction with his retirement shows his HOR as Lima, Ohio. This HOR is inconsistent with the last HOR he established on 14 May 2001 when he enlisted in the USAR.
6. In view of the above, the applicant's request to change his DD Form 214 to show Killeen, Texas as his HOR should be granted.
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 showing on his DD Form 214 ending on 31 January 2011 that his home of record is Killeen, Texas.
__________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) AR20130002339
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002339
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027184
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. However, the evidence of record confirms when the applicant last reenlisted in 2000, while serving in Texas, he officially declared the State of Louisiana as his HOR, as evidenced by the HOR entry in item 3 of his DD Form 4, which is the same HOR listed on the DD Form 4 prepared...
ARMY | BCMR | CY2014 | 20140006023
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2007 to change Item 7b (Home of Record (HOR) at Time of Entry) from the state of Illinois to Texas. There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the evidence of record shows upon the applicant's initial enlistment in the USAR and RA in 1987 he listed his HOR as...
ARMY | BCMR | CY2005 | 20050002801C070206
The applicant states, in effect, that the place of entry into active duty and home of record that are listed in his military service records are in error and should be corrected. The applicant contends, in effect, that the place of his entry into active duty and home of record should be corrected because they were incorrectly recorded on his enlistment documents and subsequently on his discharge document. As a result, the enlistment document, and the information that was originally entered...
ARMY | BCMR | CY2011 | 20110003964
The applicant's records contain a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) that shows: * in item 3 (Home of Record (HOR)) Covington, Georgia * date of enlistment/reenlistment in the USAR as 10 October 2000 * enlistment period as 8 years 3. The HOR is the place recorded as the HOR of the Soldier when he or she enlists. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2010 | 20100025469
The applicant provides his DD Form 214 and Enlistment/Travel Order No. The evidence of record shows that he enlisted in the RA, and was ordered to active duty, at the AFEES in Dallas, TX. Army Regulation 635-5 states that the information contained within the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, and defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour...
ARMY | BCMR | CY2013 | 20130019622
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 2012 to change Item 7b (Home of Record (HOR) at Time of Entry) from Lancaster, California to Killeen, Texas. When he retired he became a member of the Texas Veteran Commission. There is no authority to change the HOR as officially recorded at time of entry into the military service.
ARMY | BCMR | CY2009 | 20090018082
State of Texas, Adjutant General's Department, Austin, TX, Orders 233-203, dated 21 August 2001, discharged the applicant from the Army National Guard effective 8 October 2000 and assigned him to the Retired Reserve the following day. In view of the above, there is insufficient evidence to support a change of the applicant's HOR to Austin, TX. Therefore, the HOR recorded on his orders to the Retired Reserve will not be changed to Newport, RI unless the applicant makes application to do so.
ARMY | BCMR | CY2014 | 20140013734
The applicant requests, in effect, a change of the home of record (HOR) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address in Killeen, Texas. The applicant's record contains DD Forms 4 (Enlistment Record Armed Forces of the United States) showing she enlisted on 29 March 1988, reenlisted on 19 March 1992, on 12 January 1999, and 27 September 2002. The available evidence shows the applicant designated her HOR as an address in Fairview Heights,...
ARMY | BCMR | CY2014 | 20140006994
There is no authority to change the HOR as officially recorded at time of entry into the military service. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their 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. In this case, the evidence of record shows upon...
ARMY | BCMR | CY2011 | 20110014597
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) with an address in Ohio instead of Texas. The applicant requests correction of his DD Form 214 to show his HOR in Columbus, OH. The evidence of record shows he entered the USAR DEP on 20 August 1990 and his HOR was listed as Houston, TX; however, he subsequently entered active duty on 12 September 1990 in Columbus, OH and his contract was corrected to...