IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130020148
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 his records to show his home of record (HOR) as Texas.
2. The applicant states he lived in Maryland at the time he entered the Army, but he has lived in Texas since 1999. He reenlisted in May 2002 when he was stationed in Texas and he thought his HOR was changed at that time.
3. The applicant provides his May 2002 discharge and reenlistment certificates, 3 May 2002 DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), and 31 January 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. A review of the applicant's military personnel records revealed three
DD Forms 4 that show he enlisted in the Regular Army (RA) on 29 November 1993 and that he reenlisted in the RA on 19 May 1999 and again on 3 May 2002.
a. All three of the forms show in item 3 (HOR) the entry, "XXXXX McFarlin Drive, Germantown, Maryland 20874."
b. Item 4 (Place of Enlistment/Reenlistment) of his 3 May 2002 DD Form 4 shows the entry, "Headquarters and Headquarters Company, U.S. Army Operational Test Command, Fort Hood, Texas 76544."
c. The applicant certified the accuracy of the information on all three forms by placing his signature on each document.
3. There is no evidence in the applicant's military service records that shows he requested a change to his HOR or that the Commander, U.S. Army Human Resources Command, approved a change to the applicant's HOR.
4. The applicant's DD Form 214 shows he entered active duty this period on
29 November 1993 and he retired from active duty on 31 January 2010.
a. It also shows in:
* item 7b (HOR at Time of Entry): "XXXXX McFarlin Drive, Germantown, Maryland 20874"
* item 18 (Remarks), in pertinent part: "Immediate Reenlistments This Period: 19961024-19990518, 19990519-20020502, 20020503-20100131"
b. The applicant certified the accuracy of the information on the form by placing his signature on the document.
5. In support of his application the applicant provides the following documents:
* DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged from the RA on 2 May 2002
* DA Form 5680 (Oath of Reenlistment) that shows he reenlisted in the
RA on 3 May 2002
6. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) states, enter the street, city, state, and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted 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 HOR be changed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his HOR should be changed from Maryland to Texas was carefully considered.
2. Records show the applicant designated his HOR as "XXXXX McFarlin Drive, Germantown, Maryland 20874" when he enlisted in the RA on 29 November 1993 and when he reenlisted on 19 May 1999 and on 3 May 2002.
3. The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted unless there is a break in service of more than one full day.
4. Records show the applicant had continuous active duty service in the RA from 29 November 1993 through 31 January 2010.
5. The evidence of record shows that the applicant's discharge from the RA on
2 May 2002 and immediate reenlistment in the RA on 3 May 2002 while he was stationed at Fort Hood, Texas, is not a basis for changing or correcting his HOR.
6. His DD Form 214 correctly shows his HOR as "XXXXX McFarlin Drive, Germantown, Maryland 20874."
7. Therefore, in view of all of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130020148
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ABCMR Record of Proceedings (cont) AR20130020148
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