IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020094
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 18 February 2005 to show in item 7a her Home of Record (HOR) as 8xx Fxxx Drive, Westerville, Ohio 43081.
2. The applicant states her HOR was always in Westerville, Ohio; however, while at the mobilization station the personnel officer stated her HOR should be her current address at the time of mobilization. She was residing in Georgia and then activated with a unit in Virginia. After her discharge she returned to Ohio where she currently resides.
3. The applicant provides copies of her DD Forms 214 and Ohio drivers license.
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 on 29 December 1998. At the time of her enlistment, she stated her HOR was 8xx Fxxx Drive, Westerville, Ohio 43081 on her DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States).
3. She completed her training as a cargo handler and served at Fort Eustis, Virginia. She was promoted to the pay grade of E-5 on 21 May 2001.
4. On 28 December 2002, she was honorably released from active duty (REFRAD) due to completion of required service. She served 4 years of active service and her DD Form 214 issued at the time of her REFRAD shows her HOR as 8xx Fxxx Drive, Westerville, Ohio 43081. She was transferred to a U.S. Army Reserve (USAR) Troop Program Unit at Fort Eustis to complete the remaining 4 years of her statutory service obligation.
5. On 4 January 2004, she was ordered to active duty in support of Operation Iraqi Freedom and was deployed to Iraq/Kuwait during the period 3 February 2004 through 21 January 2005.
6. On 18 February 2005, she was honorably REFRAD due to completion of required service. Her DD Form 214 issued at the time of her REFRAD shows in item 7b a HOR of 2xx Kxxx Ave, Savannah, Georgia 31404-0000.
7. A review of her official records shows only one enlistment contract and it reflects a HOR of 8xx Fxxx Drive, Westerville, Ohio 43081.
8. 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 applicant contends her HOR should be changed to reflect her HOR in Westerville, Ohio, because it has always been her actual HOR is noted and appears to have merit.
2. The applicant had only one enlistment contract and it clearly shows her HOR as being in Westerville, Ohio. Therefore, it is accepted that a change to her HOR was not made during the time of her mobilization.
3. Accordingly, her DD Form 214 should be corrected to reflect her actual HOR as documented in her official records.
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 entry 2xx Kxxx Ave, Savannah, Georgia 31404-0000 from item 7b of her DD Form 214 dated 18 February 2005
* Entering the entry 8xx Fxxx Drive, Westerville, Ohio 43081 in item 7b of her DD Form 214 dated 18 February 2005
_______ _ _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) AR20130020094
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ABCMR Record of Proceedings (cont) AR20130020094
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