IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130011913
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 item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, Killeen, TX.
2. The applicant states, in effect:
* She was a military dependent at the time she joined the Army in 2006 and a Texas resident
* She was discharged from the Army at Fort Hood, TX and she currently resides in Texas
* She would like her HOR changed to Killeen, TX so that all of her Department of Veterans Affairs records and military records are exactly the same
3. The applicant provides:
* U.S. Army Physical Disability Agency Orders D55-38, dated 25 February 2010
* DD Form 214
* Central Texas College Letter, dated 13 June 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. The applicant enlisted in the U.S. Army Reserve on 15 December 2005 from the San Diego, CA Military Entrance Processing Station (MEPS). Her DD Form 4/1 (Enlistment/Reenlistment Document) shows her HOR as Fort Irwin, CA. She enlisted in the Regular Army on 1 June 2006.
3. On 27 November 2008, the applicant was retired by reason of disability (temporary), after completing 2 years, 5 months, and 27 days of net active service this period.
4. Item 7b on her DD Form 214 shows Fort Irwin, CA as her HOR.
5. The applicant provides a letter from Central Texas College which shows she is currently a resident of TX.
6. Army Regulation 601-210 provides the policies and procedures for the preparation of enlistment contracts. It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment. A temporary address will not be entered.
7. The Joint Federal Travel Regulation provides, in pertinent part, 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 applicant's contentions have been noted. Her supporting evidence has been considered.
2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. Any correction to a HOR must be based on evidence that a bona fide error was made.
3. The applicant's DD Form 4 shows her HOR at the time of enlistment was Fort Irwin, CA. She provides insufficient evidence to show that this was given in error.
4. The applicant has failed to show an error or injustice in her case. In view of the foregoing, her request should be denied.
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) AR20130011913
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ABCMR Record of Proceedings (cont) AR20130011913
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