IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130014163
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his Home of Record (HOR) as Texas.
2. The applicant states that he enlisted in the Army after graduating from college in West Virginia. He completed his training and he was assigned to Fort Sam Houston, Texas for his first duty assignment. He purchased a home in San Antonio, Texas and was raising his family in San Antonio until he was medically retired. The orders placing him on the Temporary Disability Retired List (TDRL) show his HOR as San Antonio; however, his DD Form 214 reflects a HOR in West Virginia. He needs his DD Form 214 corrected to show Texas as his HOR so that he can receive benefits being afforded to Texas veterans and to give him veterans preference in the event of a reduction in force.
3. The applicant provides copies of his DD Form 214, a letter from the Department of Veterans Affairs, and an Internal Revenue Service Form 4549 (Income Tax Exemption Change).
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 5 July 1995, the applicant enlisted in the Regular Army in Beckley, West Virginia for a period of 4 years and training as a practical nurse. At the time of his enlistment he provided an address in Huntington, West Virginia as his HOR.
3. He completed his training at Fort Sam Houston, Texas and remained assigned there for his first and only permanent duty assignment. He was promoted to the pay grade of E-5 on 22 November 1995.
4. On 4 July 1998, he was honorably retired under the provisions of Army Regulation 635-40, paragraph 4-24B(2), by reason of disability, temporary. He had served 3 years of active service and was placed on the TDRL effective
5 July 1998 with a 30 percent disability rating. His DD Form 214 issued at the time of his placement on the TDRL indicates a HOR of West Virginia. His orders list a mailing address of San Antonio, Texas.
5. 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 the 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 his HOR should be changed to Texas because that is where he has lived since entering the Army has been noted.
2. The HOR is recorded as the place the individual resides at the time of enlistment and the evidence of record clearly shows that as being West Virginia. Accordingly, his HOR is properly recorded on his DD Form 214.
3. By the applicants own admission he desires to change his HOR for his own personal convenience. He has also failed to show through the evidence of record or the evidence submitted with his application that his 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 his 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:
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) AR20130014163
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ABCMR Record of Proceedings (cont) AR20130014163
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