IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130013944
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her Home of Record (HOR) as Copperas Cove, Texas.
2. The applicant states her DD Form 214 incorrectly reflects her HOR as being in Wisconsin; however, she has claimed Texas as her HOR since her first reenlistment and all of her reenlistment contracts reflect Texas as her HOR. She also states that the error was discovered when she was applying for benefits under the Texas Hazelwood Act.
3. The applicant provides copies of her DD Form 214 and reenlistment contracts (DD Form 4).
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 Regular Army in Wisconsin on 19 October 1983 for a period of 3 years and listed her HOR as West Allis, WI.
3. She successfully completed her training and has remained on active duty through a series of continuous reenlistments with no breaks in service. Her subsequent reenlistment contracts all reflect a HOR of Texas.
4. On 30 November 2007, she was honorably retired by reason of sufficient service for retirement in the pay grade of E-8. Her DD Form 214 issued at the time of her retirement reflects a HOR of Wisconsin (albeit listed as West Allen, WI).
5. A review of her official records failed to show evidence of a valid change in her HOR.
6. The Joint Federal Travel Regulation (JFTR) provides, in effect, 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 a 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 that 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 applicants contention that her HOR on her DD Form 214 should be changed from Wisconsin to Texas because she claimed Texas as her HOR on all of her reenlistments has been noted and found to lack merit.
2. While her reenlistment contracts do in fact reflect a HOR of Texas, the original enlistment contract establishes the HOR and that document indicates a HOR of Wisconsin. The applicant did not have a break in service in excess of 24 hours in order to establish a new HOR.
3. By the applicants own admission she desires to change her HOR for her own personal convenience. She has failed to show through the evidence of record or the evidence submitted with her application that her HOR is in error.
4. Inasmuch as the JFTR provides that a HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier, the Board finds no basis to change her HOR.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130013944
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ABCMR Record of Proceedings (cont) AR20130013944
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