IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006558
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 show her home of record (HOR) as Stockdale, TX.
2. The applicant states she told the clerk during out-processing to change her HOR to Stockdale, TX, and she filled out the paperwork to change it. She needs her DD Form 214 corrected to use the Hazelwood Program (known as the Hazelwood Act) for school.
3. The applicant provides no additional evidence.
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. She enlisted in the Regular Army on 4 March 2003 for a period of 6 years. Item 3 (HOR) of the applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows an address in Klamath Falls, OR. Item 4 (HOR Address) of her DD Form 1966 (Record of Military Processing Armed Forces of the United States) also shows an address in Klamath Falls, OR.
3. She was honorably discharged on 27 March 2007 for immediate reenlistment. She reenlisted on 28 March 2007 for a period of 3 years. On 31 May 2008, she retired by reason of temporary disability and was placed on the Temporary Disability Retired List the following day.
4. Appropriate Army regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time. A temporary address will not be entered.
5. The Joint Federal Travel Regulation (JFTR) states 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 the time of entry into military service. However, there is authority to correct an 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.
DISCUSSION AND CONCLUSIONS:
The JFTR provides that an HOR may only be corrected if a bona fide error can be established. The applicant provided insufficient evidence to show her permanent or actual home was not Klamath Falls, OR, at the time she enlisted. Therefore, there is an insufficient basis upon which to change her HOR.
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 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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