IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021094
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, that his home of record (HOR) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Texas.
2. He states he left for basic training from Houston, TX. He adds he was in Florida temporarily, assisting his family member at the time of his enlistment in the Regular Army (RA).
3. He provides
* DD Form 214
* Self-authored statement
* DD Form 93 (Record of Emergency Data)
* SGLV 8286 (Servicemen's Group Life Insurance Election and Certification)
* DA Form 31 (Request and Authority for Leave)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. Prior to enlisting in the RA, on 2 November 1987, the applicant completed a DA Form 398-2 (Department of Defense - Personnel Security Questionnaire (National Agency Check)). In the questionnaire, he listed his residence as Tampa, FL from August 1986 to present.
3. On 19 January 1988, he enlisted in the RA. His HOR and place of enlistment on his enlistment contract were listed as Tampa, FL.
4. On 18 February 1992, he was honorably released from active duty and credited with completing 4 years and 1 month of active service. His
DD Form 214 shows in:
* Item 7a (Place of Entry into Active Duty) Tampa, FL
* Item 7b (HOR) Tampa, FL
5. The applicant provided his DD Form 93 and SGLV 8286 that show his spouse's address was listed as an address in Texas. Additionally, his DA Form 31 for the period 23 July to 21 August 1990 shows his leave address as Friendswood, TX.
6. Army Regulation 601-280 (Army Retention Program) states the HOR is the place recorded as the home of the Soldier when entered into the current tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. Effective 1 January 1987, HOR is 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 HOR be changed by the member.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicantÂ’s HOR at the time of his enlistment in the RA was recorded as Tampa, FL. The HOR can only be changed if there is a break in service of more than one day, or to correct an error. The fact that his spouse resided in Texas and he took leave in Texas is not sufficient justification to correct his records to show his HOR as Texas. Therefore, his DD Form 214 is correct as constituted.
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) AR20130021094
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ABCMR Record of Proceedings (cont) AR20130021094
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