BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006451
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, change of the home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending
29 May 2007 to 2xxx Mission Txxx Drive, Pflugerville, Texas 78660.
2. The applicant states it was always his intention to move to Texas after his active duty time was served in Germany. Since then he has enlisted in the Texas Army National Guard in 2009 and signed an 8-year contract. He plans on staying in Texas until retirement and beyond. That is his actual home of record and not California.
3. The applicant did not provide any supporting 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 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, and 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 U.S. Army Reserve on 16 November 2002. He enlisted in the Regular Army on 26 February 2003.
3. The applicant's record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) executed in conjunction with a 16 November 2002 enlistment that shows his HOR as: 1xxx Wxxx Rd., San Diego, CA 92131.
4. On 29 May 2007, he was released from active duty due to completion of required service as a sergeant/E-5. He had completed 4 years, 3 months, and
4 days of active duty service during the period covered by the DD Form 214. Item 7b (HOR at Time of Entry) shows: "1xxx Wxxx RD SAN DIEGO CALIFORNIA 92131-0000."
5. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) states for Regular Army Soldiers, enter the street, city, state, and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted 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 HOR be changed by the Soldier.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge. It states for item 7b, the entry is self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant designated his HOR as
1xxx Wxxx Rd., San Diego, CA 92131, when he enlisted on 16 November 2002.
2. His DD Form 214 for the period 26 February 2003 through 29 May 2007 shows his HOR as listed on the 16 November 2002 DD Form 4. There is no available evidence showing he had a break in service. Therefore, there appears to be no error.
3. 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) AR20100016576
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