IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130007879
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 item 7b (Home of Record (HOR)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to an address in Illinois.
2. The applicant states:
* he is an Illinois resident
* he was visiting a family member (uncle) in Ohio and he used that address at the time he enlisted
3. The applicant provides:
* an Illinois student fee statement
* transcript
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. Item 3 (HOR) of the applicant's enlistment contract shows an address in Gahanna, Ohio. His DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows an address in Gahanna, Ohio in item 4 (HOR Address). In conjunction with his enlistment, he completed a Standard Form
86 (Security Clearance Application) in November 2002, wherein it shows in item 4 (Where You Have Lived) he listed his residence from:
* June 2002 to present an address in Gahanna, Ohio
* December 1999 to June 2002 an address in Illinois
3. He enlisted in the Regular Army (RA) on 30 January 2003 for a period of
4 years and trained as a food service specialist. He was honorably discharged on 27 May 2004 by reason of a physical disability, existed prior to service.
4. Item 7b of his DD Form 214 shows an address in Ohio.
5. Appropriate 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.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve. Table 5-1 (Instructions for completing the DD Form 1966 Series) provides for item
4 (HOR 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 entry a temporary address.
7. 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 the 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:
1. The applicant contends he is an Illinois resident, he was visiting a family member in Ohio, and he used that address at the time he enlisted.
2. The evidence of record confirms he was a resident of Illinois from December 1999 to June 2002, but when he enlisted in the RA on 30 January 2003 he listed his HOR as Ohio.
3. The governing regulation states do not enter a temporary address as a HOR.
4. The JFTR provides that an HOR may only be corrected if a bona fide error can be established. The applicant has provided insufficient evidence to show his permanent home was not Gahanna, Ohio at the time he enlisted. Therefore, there is an insufficient basis upon which to change his 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 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) AR20130007879
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ABCMR Record of Proceedings (cont) AR20130007879
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