IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020729 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of residence, i.e., Home of Record (HOR)), in item 7b (HOR at Time of Entry) from Spokane, WA, to Boerne, TX.

2.  The applicant states his record indicates that his home of residence was in Spokane, WA.  He was not a resident of Spokane at the time of entry.  He was a resident of Texas.  The recruiter did not put the correct address despite being told to do so. 

3.  The applicant does not provide any additional evidence. 

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 underwent an enlistment physical at the Spokane, WA, Military Entrance Processing Station (MEPS) on 7 May 2008.  He completed or had medical forms completed at that MEPS.

3.  His DD Form 2807-1 (Report of Medical History) and DD Form 2808 (Report of Medical Examination) both listed his home address as "31XX S. Fixxx, Spokane, WA." 

4.  He enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) at the Spokane MEPS on 7 May 2008.  Item 3 (HOR) of his      DD Form 4 (Enlistment/Reenlistment Document) shows the entry "31XX S. Fixxx, Spokane, WA, 99223."

5.  His DD Form 1966/1 (Record of Military Processing) shows in item 4 (HOR Address) the entry "31XX S. Fixxx, Spokane, WA, 99223."  It also shows he went to high school at Boerne, TX between 1996 and 2000.  He had been living/working in either Spokane, WA or Mesa, AZ since November 2003.

6.  He was discharged from the DEP on 13 May 2008 and enlisted in the Regular Army (RA) on 14 May 2008, also at the Spokane, WA, MEPS. 

7.  He was processed for separation under the provisions of chapter 5, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of a condition, not a disability.  He was assigned to Fort Campbell, KY.

8.  On 17 November 2009, Headquarters, 101st Airborne Division, Fort Campbell, KY, published Orders 321-0609 ordering his reassignment to the U.S. Army transition point for separation outprocessing.  The orders listed his HOR as Spokane, WA. 

9.  He was honorably discharged from active duty at Fort Campbell, KY, on 24 November 2009.  His DD Form 214 shows in:

* Item 7a (Place of Entry into Active Duty) – "Spokane, WA"
* Item 7b – "31XX S. Fixxx, Spokane, WA 99223"
* Item 19a (Mailing Address After Separation) - "9XX East Emxxx Street, Spokane, WA 99207"
* Item 20b (Nearest Relative) - "[Name], 9XX East Emxxx Street, Spokane, WA 99207"

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.

	a.  Item 7a of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.

	b.   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.

	c.  Item 19a and 19b are provided by the Soldier.

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.  The applicant requests correction of his DD Form 214 to show his home of residence as Boerne, TX, vice Spokane, WA.  There is no entry on the DD Form 214 for home of residence.  It appears the applicant is referring to the Home of Record in item 7b. 

2.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their 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.

3.  In this case, the evidence of record shows upon his enlistment in the DEP and subsequent enlistment in the RA in May 2008, the applicant listed his HOR as "Spokane, WA."  He entered active duty from "Spokane, WA."  As such, his DD Form 214 correctly listed this city/state in items 7b as his HOR.  He even listed an address in Spokane, WA in items 19a and 19b. 

4.  Aside from attending high school in Boerne, TX, from 1996 to 2000, nowhere else in his records is the city and state of Boerne, TX, mentioned.  There is neither an error nor an injustice or a reason to change the HOR listed on his DD Form 214.  There is insufficient evidence to support his contention that his HOR should be changed. 

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)                                         AR20130020729





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ABCMR Record of Proceedings (cont)                                         AR20130020729



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