BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130021039 


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) for the period ending 9 November 2010 to show item 7b (Home of Record (HOR) at Time of Entry) as 9X-4XX, Kxxxxx Sxxxxx, Honolulu, HI, vice 3XXXA Oxx Dxxxx Hxxxxxx, Dalton, GA.

2.  The applicant states:

	a.  His HOR was incorrectly recorded on his DD Form 214 between his discharge from active duty and his reentry into the Army after the completion of the Warrant Officer Candidate Course (WOCC).  His old address in Dalton, GA is incorrect; it was supposed to be changed to 9X-4XX, Kxxxxx Sxxxxx, Honolulu, HI.  This was his HOR at the time of his transition.

	b.  At the time of his discharge, he told the personnel in charge that his HOR was wrong on his DD Form 214.  He was instructed to ask for it to be corrected once he signed into his next unit.  After he signed in, he found out this information was wrong.

3.  The applicant provides his DD Form 214, orders, and one page of a motor vehicle sales contract.

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 U.S. Army Reserve (USAR) delayed entry program (DEP) on 26 August 1999 at the Atlanta Military Entrance Processing Station (MEPS), Atlanta, GA. 

3.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 26 August 1999, shows his HOR as 3XXXA Oxx Dxxxx Hxxxxxx, Dalton, GA.  He was discharged from the DEP on 14 September 1999.

4.  On 15 September 1999, he enlisted in the Regular Army at the Atlanta MEPS, Atlanta, GA.  He served through several reenlistments and/or extensions and he was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 June 2009.  He was assigned to the 1st Aviation Brigade, Fort Huachuca, AZ.

5.  He subsequently attended and successfully completed the WOCC at Fort Rucker, AL.  On 9 November 2010, he was honorably discharged at Fort Rucker, AL, in the rank of SFC to accept a commission or warrant in the Army.

6.  On 10 November 2010, he was appointed as a USAR warrant officer one (WO1) and he executed an Oath of Office on that date at Fort Rucker, AL.

7.  The applicant provides and his record contains Orders 314-356-A-124, dated 10 November 2010, issued by Headquarters, U.S. Army Garrison, Fort Rucker, Fort Rucker, AL, ordering him to active duty in the rank of WO1 for a period of 6 years.

8.  He attended and successfully completed the Aviation Basic Officer Leadership Course at Fort Rucker AL, from 15 November 2010 to 3 December 2010.

9.  The applicant also provides the first page of a motor vehicle sales contract, undated, wherein it shows he bought a new 2010 automobile and his first payment was due on 13 August 2010.  His address is listed on this contract as 9X-4XX, Kxxxxx Sxxxxx, Waipahu, HI.  The seller's name/address is listed as Servco Auto Leeward, 9X-7XX Farrington Highway, Waipahu, HI.

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) (emphasis added)  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 confirms the applicant identified his HOR as 3XXXA Oxx Dxxxx Hxxxxxx, Dalton, GA, when he enlisted in the USAR on 26 August 1999 at the Atlanta MEPS, Atlanta, GA.  He entered active duty on 15 September 1999 through the Atlanta MEPS and he served continuously on active duty as an enlisted member, without any break in service, through his discharge on 9 November 2010.  Accordingly, when his DD Form 214 for this period of service was prepared, his HOR was correctly listed as 3XXXA Oxx Dxxxx Hxxxxxx, Dalton, GA.  There is neither an error nor an injustice or a reason to change the HOR listed on his DD Form 214.  

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)                                         AR20130021039





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021039



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1