BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130007063 


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 his home of record (HOR) on his "active duty enlistment papers" be changed to Huntsville, AL, 35811 instead of Danville, IL, 61832.

2.  The applicant states his enlistment papers for the Alabama Army National Guard (ALARNG) show an address in Huntsville, AL, 35811 as his HOR.  He is trying to utilize Alabama's dependent GI Bill for his children to go to college and this action would streamline the process.

3.  The applicant provides:

* three pages of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States), signed on 17 April 1997
* two pages from his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 17 April 1997
* his National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service) with an effective date of 21 October 1997
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 21 October 2000 

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.  He previously served 8 years, 4 months, and 3 days of active service in the U.S. Marine Corps (USMC).  His HOR on his DD Form 214 with a separation date of 28 April 1993 is an address in Danville, IL 61832.

3.  His DD Form 1966, signed on 17 April 1997, provides the following information:

	a.  Item 4 (Current Address) shows an address in Huntsville AL, 35811.

	b.  Item 5 (Home of Record) shows an address in Huntsville AL, 35811.

	c.  Prior Service Information shows the following periods of service:

* USMC - 26 December 1984 to 28 April 1993
* Mississippi ARNG (MSARNG) - 28 April 1995 to 27 November 1996
* Individual Ready Reserve (IRR) - 28 November 1996 - "N/A"

4.  He enlisted in the ALARNG on 17 April 1997 for 6 years.  Item 3 (Home of Record) of the DD Form 4 shows an address in Huntsville, AL, 35811.

5.  There are no documents available for review showing his service in the MSARNG or the IRR.

6.  His DD Form 1966, signed on 8 July 1997, for enlistment in the Regular Army (RA) shows his current address in item 4 as an address in Danville, IL 61832 and in item 5 he declared the same address as his HOR.

7.  An NGB Form 22E shows he was discharged from the ALARNG on 
21 October 1997.

8.  On 22 October 1997, he enlisted in the RA for 3 years.  Item 3 of his 
DD Form 4 shows his HOR as an address in Danville, IL, 61832.

9.  On 21 October 2000, he was discharged.  Item 7b (Home of Record at Time of Entry) on his DD Form 214 shows the same address in Danville, IL, 61832 that was entered in item 3 of his DD form 4, dated 22 October 1997.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, governed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment.  Table 5-1 (Instructions for completing the DD Form 1966 - Series) provided the following instructions for:

	a.  Item 3 (Current Address) - Enter street, city, county, state, country and zip code as of date of application. 

	b.  Item 4 (Home of Record Address) - Enter the street, city, county, state, country and zip code of address declared by applicant to be permanent home or actual home at time of enlistment.  Do not enter a temporary address. 

11.  Table 11-1 (Instructions for completing DD Form 4) of Army Regulation
601-280 (Army Retention Program) 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.

12.  The Joint Federal Travel Regulations, Volume 1, Appendix A (Definitions), Part I (Terms), defines HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.

	a.  The place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the 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 may the member change the HOR.

	b.  Travel and transportation allowances are based on the officially corrected recording in those instances when, through a bona fide error, the place originally named at time of current entry into the Service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the member’s actual home upon entering the Service, and not a different place selected for the member's convenience.

DISCUSSION AND CONCLUSIONS:

1.  His HOR upon his initial enlistment in the USMC was an address in Danville, IL.  However, he was discharged on 28 April 1993 and his DD Form 1966, signed on 17 April 1997, shows he enlisted in the MSARNG on 28 April 1995.  Therefore, he had a break in service of more than 1 day.

2.  His HOR selection at the time of his enlistment in the MSARNG is unknown.  

3.  When he enlisted in the ALARNG he declared an address in Huntsville, AL, as his current address and his HOR.  He was discharged from the ALARNG on 21 October 1997 and enlisted in the RA (a tour of active duty) on 22 October 1997.  On his DD Form 1966, signed on 8 July 1997, for enlistment in the RA he declared an address in Danville, IL 61832 as his current address and as his HOR.  Because he was ordered to a tour of active duty, his declaration of Danville, IL as his HOR was valid.

4.  He served continuously in the RA from 22 October 1997 to 21 October 2000. Because there was no break in service of at least 1 day his HOR remains Danville, IL.

5.  Any correction to an HOR must be fully justified and the home, as corrected, must be the member’s actual home upon entering the Service, and not a different place selected for the member's convenience.

6.  In view of the above, there is insufficient evidence to grant relief in this case.

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)                                         AR20130007063



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007063



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1