IN THE CASE OF:	  

		BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130006613 


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 El Paso, TX.

2.  The applicant states:

* he enlisted in 1983 with a HOR of Central Falls, RI, and separated in 1987
* he attended college and the Reserve Officers' Training Corps (ROTC) in Ohio from 1987 to 1991
* he obtained an early commission in 1990 while still in college in Ohio
* upon graduation from college, in 1990 he took his Oath of Office as a commissioned officer at Fort Bliss, TX and he has been a resident of TX since that time
* he was a resident of TX during his active service
* in 1998 and after serving, he moved to Houston, TX
* he will lose benefits if his HOR is not corrected

3.  The applicant provides:

* self-authored statement
* HOR Information from the 7th Army Joint Multinational Training Command
* extract of Army Regulation 601-280 (Army Retention Program)


* extract of Army Regulation 600-8-104 (Army Military Human Resources Records (AMHRR) Management)
* DA Form 71 (Oath of Office – Military Personnel), dated 17June 1991
* three Defense Finance and Accounting Service (DFAS) Forms 702 (Leave and Earnings Statement)
* DD Form 214
* Employment Offer letter, dated 6 October 1997
* Transfer Orders, dated 9 April 1998
* Employment Welcome letter, dated 15 April 1998
* Standard Form 50-B (Notification of Personnel Action), dated 19 June 1998
* Orders Number C-10-226727, issued by the U.S. Army Total Army Personnel Command, St. Louis, MO, dated 17 October 2002
* DA Form 67-9 (Officer Evaluation Report) for the period 15 June 2004 through 14 June 2005
* Orders Number B-02-701491, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 23 February 2007
* Reserve Health Readiness Program Voucher, dated 19 April 2010
* 20-Year Letter (Notification of Eligibility for Retired Pay at Age 60), dated 8 November 2012
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 22 March 2013
* Orders Number 035860, issued by the 81st Regional Support Command, Fort Jackson, SC, dated 4 February 2013

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.  On 21 April 1983, the applicant enlisted in the Regular Army for a period of
4 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of 


the United States) shows his HOR as Central Falls, RI.  On 25 February 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  On 14 September 1988, the applicant enlisted in the USAR as a cadet in the ROTC.  His DD Form 4 shows his HOR as Fairborn, OH.

4.  Orders Number 10-11, issued by the U.S. Army ROTC Battalion, Wright State University, Dayton, OH, dated 20 April 1990, shows he was discharged from the USAR, effective 7 June 1990, to accept a commission in the U.S. Armed Forces.

5.  Orders Number 93-27, issued by Headquarters, U.S. Army Second Region, U.S. Army ROTC Command, Fort Knox, KY, dated 23 May 1990, shows he was commissioned a Reserve second lieutenant (2LT) under the ROTC Early Commissioning Program on 8 June 1990.  Additionally, he executed a DA Form 71 accepting appointment as a USAR officer on the same date.

6.  Orders Number A-05-005262, issued by the USAR Personnel Center, St. Louis, MO, dated 23 May 1991, show:

* he was ordered to active duty for a 3-year period to fulfill an active Army requirement
* he had two periods of 10-week temporary duty (9 June to on or about 16 August 1991 and 19 August to on or about 29 October 1991) to Fort Bliss, TX, while en route to his assignment
* his HOR is shown as Cranston, RI

7.  A DA Form 1059 (Service School Academic Evaluation Report), for the period 10 June through 25 October 1991, shows a forwarding address in Cranston, RI.

8.  A DA Form 71 shows he accepted a commission as a 2LT in the Regular Army on 17 June 1991 while at Fort Bliss, TX.

9.  Records show he was assigned to the 32nd Army Air Defense Command, Battery B, 1st Battalion (Patriot), 7th Air Defense Artillery, Germany, during the period 6 November 1991 through 3 October 1994.

10.  A DA Form 1059, dated 20 April 1995, shows the applicant completed the resident Air Defense Artillery Officer Advanced Course during the period 10 November 1994 through 19 April 1995 at Fort Bliss, TX.  This form also shows his forwarding address as El Paso, TX.


11.  On 1 June 1995, he was promoted to the rank of captain.

12.  On 13 February 1998, he was honorably discharged.  His DD Form 214 for his period of service shows Providence, RI as his place of entry into active duty and as his HOR.

13.  The applicant provides a self-authored statement and Army regulation extracts pertaining to the HOR.  He also provides records and correspondence showing he used a Texas mailing address for the period 1995 to present.

14.  Army Regulation 601-280, Table 11-1 states the HOR is 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 HOR 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 1 full day.  Only if a break in service exceeds 1 full day can the HOR be changed by the member.

15.  The Joint Federal Travel Regulation 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 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.  The HOR address upon commission is designated by the applicant.  He took his first oath of office in Ohio, not Texas.  He designated an address in Rhode Island at the time of his commissioning on 8 June 1990 and he served continuously until his discharge in 1998.  Based on his last period of continuous active service with no break of at least 1 day, his HOR remained as Rhode Island.

2.  The applicant's actual place of residence or permanent mailing address after separation has no bearing on his HOR.

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)                                         AR20130006613



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ABCMR Record of Proceedings (cont)                                         AR20130006613



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