IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004063
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 Chicago, IL.
2. The applicant states he enlisted in the Regular Army while staying in Puerto Rico with friends and relatives but his HOR has always been Chicago, IL. Upon his release from active duty, he pointed out the mistake but was told that Puerto Rico only appeared as his HOR because that was the location of his initial enlistment and that it wouldn't make a difference since his mailing address reflected the correct address of residence.
3. The applicant provides copies of his DD Form 214 and Illinois identification card.
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. His records show that he served in the Army National Guard and the U.S. Army Reserve (USAR) from 12 August 2000 through 5 April 2002. His DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) lists Chicago, IL as his HOR.
3. A DD Form 369 (Police Record Check), dated 2 December 2002, shows the applicant resided in Toa Baja, Puerto Rico from "1990 to present." This document bears the applicant's signature.
4. After a break in service, he enlisted in the Regular Army on 14 April 2003 for a period of 4 years. During his enlistment processing he completed and signed a DD Form 4 that listed his HOR as Toa Baja, Puerto Rico.
5. He also completed a Security Clearance Application, dated 8 January 2003. This form shows he:
* lived in Toa Baja, Puerto Rico from 1 January 1990 to present
* attended high school in Chicago, IL from 10 September 1994 to 12 June 1998
* currently resided with his spouse in Chicago, IL
6. He was honorably released from active duty on 9 August 2007 and transferred to the USAR. The HOR shown on his DD Form 214 for this period of service is listed as Toa Baja, Puerto Rico.
7. The applicant provides his Illinois identification card showing a Chicago, IL address.
8. Army Regulation 635-5 (Separation Documents), states 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 one full day. 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. The applicant requests his HOR be corrected to show Chicago, IL.
2. The available evidence shows that his HOR was listed as Chicago, IL during his period of service in the ARNG/USAR; however, after a break in service he enlisted in the Regular Army and listed his HOR as Toa Baja, Puerto Rico on his enlistment contract.
3. Further, he indicated on his security clearance application that he resided in Puerto Rico from 1 January 1990 to present (8 January 2003). In this same application he further stated that he currently resided with his spouse in Chicago, IL. These entries indicate that he considered Puerto Rico his HOR/permanent address during the period he resided in Chicago, IL.
4. Regulatory guidance states that the HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. The evidence shows the applicant recorded Toa Baja, Puerto Rico as his HOR when he enlisted in 2003. Therefore, there is no basis to grant relief.
5. Based on the above, his request should be denied.
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.
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