IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003191 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change:

* Item 7a (Place of Entry on Active Duty) from "Fort Buchanan, Puerto Rico (PR)" to "San Antonio, TX"
* Item 7b (Home of Record (HOR) at Time of Entry) from "HC-- Box 2---- BO, Rio Guaynabo, PR 00971" to "1-- Ingram, San Antonio, TX 78234"

2.  The applicant states she declared TX as her home of residence since 1994. With a short break in service, she reenlisted in 1999 and 2002 when Texas was her HOR.  She was discharged in Texas and she continues to live in Texas.

3.  The applicant provides:

* 1999 and 2002 DD Form 4 (Enlistment/Reenlistment Document)
* Texas Department of Public Safety Certified History Record
* Honorable Discharge Certificate
* 2002 Oath of Reenlistment

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 enlisted in the Regular Army on 6 June 1994 for a period of
6 years.  Item 3 (HOR) of her DD Form 4 listed her HOR as "HC-- Box 2---- BO, Rio Guaynabo, PR 00971."  She enlisted at the San Juan Military Entrance Processing Station.

3.  She also completed multiple allied documents in connection with this enlistment.  Section I, item 5 (HOR) of her DD Form 1966/1 (Record of Military Processing-Armed Forces of United States) also listed this HOR.

4.  She completed training and she was awarded military occupational specialty 25B (Information Systems Operator/Analyst).

5.  On 2 December 1999, while stationed at Fort Sam Houston, TX, she executed a 3-year reenlistment in the Regular Army.  Her DD Form 4 also listed her HOR as "HC-- Box 2---- BO, Rio Guaynabo, PR 00971."  This form also shows in
item 4 (Place of Enlistment/Reenlistment) the entry "Special Troops Battalion, Fort Sam Houston, TX 78234."

6.  On 28 February 2002, while stationed at Fort Detrick, MD, she executed a
5-year reenlistment in the Regular Army.  Her DD Form 4 listed her HOR as
"HC-- Box 2---- BO, Rio Guaynabo, PR 00971."  This form also shows in item 4 the entry "1108th Signal Brigade, Fort Detrick, MD 21702."

7.  Orders 270-1011, issued by Headquarters, 10th Mountain Division, Fort Drum, NY, dated 27 September 2005, ordered her honorable discharge effective 5 October 2005 by reason of parenthood.  These orders listed her HOR as Guaynabo, PR, and place entered active duty as Fort Buchanan, PR.

8.  On 5 October 2005, she was honorably discharged by reason of parenthood.  The DD Form 214 she was issued shows in:

* Item 7a the entry "Fort Buchanan, Puerto Rico"
* Item 7b the entry "HC-- Box 2---- BO, Rio Guaynabo, Puerto Rico 00971"

9.  The applicant submitted her Honorable Discharge Certificate that shows she was honorably discharge from the Regular Army on 27 February 2002.  She also submitted a Texas Department of Public Safety Temporary Permit valid until
10 September 1996 that shows she was issued this document on 12 July 1996.  It further shows her address as "1—Ingram, Fort Sam Houston, TX 78234."

10.  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.

11.  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.

12.  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 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.

2.  The evidence of record shows upon her initial enlistment in the Regular Army in June 1994, she listed her HOR as "Rio Guaynabo, PR" and she entered active duty from the San Juan MEPS in "Fort Buchanan, PR."  Nowhere in her enlistment contract or allied documents is any reference made to another HOR in Texas.

3.  She reenlisted on 2 December 1999.  Although she did so at Fort Sam Houston, Texas, where she was assigned, this did not change her HOR or the place she initially entered active duty.  Likewise, she reenlisted on 28 February 2002 and although she did so at Fort Detrick, MD, this also did not change her HOR or the place she initially entered active duty.

4.  Her DD Form 214 correctly listed the correct place of entry on active duty and HOR in items 7a and 7b.  She has not provided any evidence that either entry is in error or unjust.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130003191



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ABCMR Record of Proceedings (cont)                                         AR20130003191



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