BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015829 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 February 1995 to show in item 7b (Home of Record (HOR)) at Time of Entry) "5XXX Hemingway Drive, El Paso, TX, 79924" instead of "1XXX N. Johnson, New Orleans, LA, 70116." 

2.  The applicant states her HOR was incorrectly annotated on her DD Form 214. This affects her educational benefits and entitlements. 

3.  The applicant provides:

* DD Forms 214
* DA Form 61 (Application for Appointment)
* Orders to active date, dated 10 March 1982
* Statement from her father
* Statement from the officer who administered her oath

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's records show she submitted a DA Form 61 on 11 April 1978 indicating her desire to be appointed as a Reserve commissioned officer of the Army.  She indicated that her permanent address was in El Paso, TX and her current mailing address was in New Orleans, LA.  She also indicated she was attending Tulane University, School of Medicine, New Orleans, LA. 

3.  She underwent a medical examination/physical at the New Orleans Armed Forces Examining and Entrance Station (AFEES) on 11 August 1978.  

4.  On 23 August 1978, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO issued the applicant an appointment memorandum as a Reserve commissioned officer of the Army.  The appointment memorandum listed her mailing address as "1XXX Canal Street, Apartment 1XXX, New Orleans, LA 70112."

5.  On 10 March 1982, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders 
A-03-005270, ordering her to active duty from "1XXX N. Johnson, New Orleans, LA, 70116" as an obligated volunteer officer, effective 24 June 1982 with assignment to the Student Detachment, Brooke Army Medical Center, Fort Sam Houston, TX.  The orders listed her HOR as El Paso, TX.

6.  On 12 March 1982, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO issued the applicant an appointment memorandum as a Reserve commissioned officer of the Army, as of date of graduation.  The appointment memorandum listed her mailing address as "1XXX N. Johnson, New Orleans, LA, 70116."

7.  She entered active duty on 23 June 1982.  She served in a variety of assignments and attained the rank of major.  She was honorably released from active duty on 4 February 1995 due to non-selection for promotion.  Her 
DD Form 214 for this period of service shows in:

* Item 7a (Place of Entry into Active Duty) – "New Orleans, LA"
* Item 7b – "1XXX N. Johnson, New Orleans, LA, 70116"

8.  Her records contain multiple orders, correspondence, and other documents, between 1978 and 1980, showing her residence in various addresses in New Orleans, LA.  

9.  She submitted: 

	a.  A statement, dated 14 August 2013, from her father (a retired Army sergeant) who states that he was stationed in El Paso, TX in 1962 and his daughter (the applicant) lived with him until she left for the military in 1982.  She attended Tulane University and lived in the dorm but she was never a resident of Louisiana.  She entered the Army on 6 June 1978 and he was present at her induction. 

	b.  A statement, dated 14 August 2013, from the officer who administered the oath.  He states that he knew the applicant since the 1970s and she lived in the same community and was a student at Tulane University.  He administered her oath at Fort Bliss, TX, in the presence of many other individuals. 

10.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program.  Table 11-1 of this regulation defines the HOR as 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 home 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 one full day.  Only if a break in service exceeds one full day can the home of record be changed by the member.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR.  The "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  The HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.


12.  The JFTR provides, in 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.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.  

2.  In this case, the evidence of record shows when the applicant submitted her application for appointment in April 1978, she listed her permanent address as El Paso, TX, but her mailing address as New Orleans, LA.  She underwent a medical examination on 11 August 1978 in New Orleans, LA.  She was appointed as a Reserve commissioned officer on 23 August 1978 and her appointment memorandum was sent to New Orleans, LA.  

3.  When she completed medical school at Tulane University, New Orleans, LA, she was ordered to and entered active duty from New Orleans, LA.  When she was ordered to active duty, the orders listed her HOR as El Paso, TX.  

4.  It appears her HOR was erroneously listed as New Orleans, LA instead of El Paso, TX, on her DD Form 214.  She should be entitled to correction of her DD Form 214 to show El Paso as her HOR. 

BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 7b of her DD Form 214 and adding the El Paso, TX address as shown in Orders A-03-005270 dated 10 March 1982.  



      _______ _   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)                                         AR20130015829



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ABCMR Record of Proceedings (cont)                                         AR20130015829



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