IN THE CASE OF

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020927 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) is 
___ J______ Street, Chicopee, MA.

2.  The applicant states his HOR was incorrectly entered on his enlistment documents as being in the Federal Republic of Germany (FRG).  The recruiter told him to use his leave address in the FRG.  He did not know at the time that using this address would prevent him from receiving his military benefits 20 years later.  This error has caused him to be denied valuable veterans benefits which he recently found out about when transportation orders were being drawn up to move his family.

3.  The applicant provides copies of:

* His enlistment packets dated in 1981 and 1988
* Letter, Department of Veterans Affairs (VA), dated 9 May 2006
* DD Form 214 ending on 31 January 2006

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 1 May 1981, the applicant enlisted in the U.S. Army Reserve (USAR) for 
6 years, using an HOR of Holyoke, Hampden, MA.  On 12 August 1981, he was discharged from the USAR and enlisted in the Regular Army (RA) for a period of 
3 years.  His enlistment documents show he was born in Holyoke, Hampden, MA, making him a United States citizen by birth.

3.  On 8 August 1984, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 issued at the time did not contain an HOR entry.

4.  Orders C-02-009410, USAR Personnel Center, dated 25 February 1985, assigned the applicant to the Massachusetts Army National Guard.  These orders show his home address as Holyoke, MA.

5.  Orders D-11-C81111, USAR Personnel Center, dated 27 November 1987, honorably discharged the applicant from the Ready Reserve.  These orders show his address as Holyoke, MA.

6.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) dated 22 November 1988, shows the applicant, while in the FRG, enlisted in the USAR for a period of 4 years.  His HOR was recorded on the form as being in the FRG.  He subsequently requested to be discharged from the USAR and enlisted in the RA for a period of 4 years.

7.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 22 November 1988, shows the applicant's previous residential address in the United States was ___ J______ Street, Chicopee, MA.

8.  A DD Form 4, dated 28 August 1992, shows the applicant reenlisted in the RA for another period of 4 years.  This form shows his HOR was in the FRG.

9.  A DD Form 4, dated 9 May 1996, shows the applicant reenlisted in the RA for an additional period of 2 years.  This form shows his HOR was in the FRG.

10.  A DD Form 4, dated 22 September 2003, shows the applicant reenlisted in the RA for an indefinite number of years.  This form shows his HOR was in the FRG.

11.  A DD Form 214 ending on 31 January 2006 shows the applicant retired due to length of service.  This form shows his HOR was in the FRG.

12.  The Joint Federal Travel Regulation provides 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 an 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.  It may not be a place selected for the convenience of the Soldier.

13.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program) provides that the HOR address includes the street, county, state, country, and ZIP code.  It is not a temporary address and must be located in the continental United States (CONUS) or in a U.S. Territory.  This regulation further requires that persons who desire to enlist in the RA be either a citizen of the United States or a lawfully admitted alien who maintains permanent residence in the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his HOR was in Chicopee, Hampden County, MA. 

2.  The evidence of record shows the applicant is a United States citizen by birth.  His military records show his HOR during his first period of military service was in Holyoke, Hampden, MA.  When he entered into his second period of enlistment, after a break in service, he was in the FRG.  His enlistment documents were completed using his address in the FRG as his HOR.  This was an error that was carried forward on each of his subsequent reenlistments.

3.  The governing regulations clearly state the HOR must be in the United States or one of its territories.  

4.  In view of the above, the applicant's request to change his HOR should be granted.

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 showing on his DD Form 214 ending on 31 January 2006, that his HOR is 
___ J______ Street, Chicopee, MA, as it is listed on his DD Form 1966.




      ____________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)                                         AR20130020927



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ABCMR Record of Proceedings (cont)                                         AR20130020927



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