IN THE CASE OF:  	  

		BOARD DATE:  16 September 2014  	  

		DOCKET NUMBER:  AR20140000854 


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 that he started the process to enlist in the U.S. Army in Texas.  He completed high school in Washington State and realized that he didn't have a copy of his high school transcripts.  He didn't want to miss the earliest available training opportunity, so the recruiters made arrangements for him to finish the enlistment process in Washington State.  He went to Washington and obtained his transcripts.  He also visited his sister, whom he had not seen in years, because he had been working, paying taxes, and attending college in Texas.

   a.  During the enlistment process, the recruiters used his sister's address as his HOR.  He didn't notice this error until just recently.

   b.  He states that he was a resident of Texas prior to entering military service.  He adds that he requires this correction for employment opportunities in Texas.

3.  The applicant provides copies of his Federal tax returns, 3 of 11 pages from a Standard Form (SF) 86 (Questionnaire for National Security Positions), military beneficiary documents, a municipal court plea form, and Special Power of Attorney.


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 DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows the form was initiated on 8 August 2006 and:

   a.  the following entries in:

* item 3 (Current Address):  XXX Eastmont Avenue, Apartment (APT) X, East Wenatchee (Douglas), WA  98802
* item 4 (HOR Address):  XXX Eastmont Avenue, APT X, East Wenatchee (Douglas), WA  98802
* item 22 (Education):  Manson Junior/Senior High School, 1000 Totem Pole Road, Manson, WA, from August 1999 to June 2003

   b.  It also shows the applicant and recruiter placed their signatures on the document on 8 August 2006. 
   
   c.  It further shows in section V (Recertification) that the applicant and recruiter recertified all information on the document on 28 August 2006, confirmed the information was still correct and true and that no changes were required, and they placed their signatures on the document.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 8 August 2006 for a period of 8 years and he further enlisted in the Regular Army (RA) on 28 August 2006 for a period of 3 years and 16 weeks.  It also shows in:

* item 3 (HOR):  XXX Eastmont Avenue, APT X, East Wenatchee (Douglas), WA  98802
* item 4 (Place of Enlistment/Reenlistment):  Spokane Military Entrance Processing Station (MEPS), Spokane, WA  99201-1008
   a.  It also shows the applicant and recruiter placed their signatures on the document on 8 August 2006 to certify the applicant's enlistment in the USAR.
   
   b.  It further shows the applicant and recruiter placed their signatures on the document on 28 August 2006 to confirm the applicant's enlistment in the RA.

4.  The applicant's Enlisted Record Brief, dated 3 March 2009, shows in Section IV (Personal/Family Data), HOR:  East Wenatchee, WA.

5.  Headquarters, 1st Infantry Division, Fort Riley, KS, Orders 104-0016, dated 14 April 2009, reassigned the applicant to the Fort Riley Transition Center for separation processing.  The "For Army Use" section of the orders shows:

* HOR:  East Wenatchee, WA
* Place Entered Active Duty or Ordered to Active Duty:  Spokane, WA

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 28 August 2006 and he was honorably discharged on 27 June 2009 based on disability with severance pay (non-combat related).

   a.  It also shows in:

* item 7a (Place of Entry into Active Duty):  Spokane, Washington
* item 7b (HOR at Time of Entry):  XXX Eastmont Avenue, Apt X, East Wenatchee, Washington  98802
* item 18 (Remarks), in pertinent part:  Period of Delayed Entry Program:  20060808-20060827

   b.  The applicant certified the accuracy of the information on the form by placing his signature on the document.

7.  A review of the applicant's military service records failed to reveal any evidence that his processing for entrance into the U.S. Armed Forces was initiated in Texas.  This review also failed to reveal any evidence 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.


8.  In support of his application the applicant provides the following documents:

   a.  City of Fort Worth Municipal Court, Statement and Plea Form, that shows the applicant was cited for an offense, on 17 November 2005, and his address as:  XXXX Wade Hampton Street, Benbrook, TX  76126-3520;

   b.  W-2 (Wage and Tax Statement – 2006) that shows the applicant's address as:  XXXX Wade Hampton Street, Benbrook, TX  76126;

   c.  Form 1040EX (U.S. Income Tax Return – 2006), signed on 28 March 2007, that shows the applicant's address as:  1st Battalion, 41st Infantry, Fort Riley, KS  66442;

   d.  Form 1040 (U.S. Income Tax Return – 2007), unsigned, that shows the applicant's address as:  XXXX Wade Hampton Street, Benbrook, TX  76126;

   e.  pages 1, 2, and 5 of an SF 86 that shows the applicant indicated in –

* item 4 (Where You Have Lived) -

* 3 June 2006 to Present – XXX Eastmont Avenue, Apt X, East Wenatchee, WA  98802
* 7 January 2006 to 2 June 2006 – XXXX Wade Hampton Street, Benbrook, TX  76126
* 2 June 2004 to 6 January 2006 – XXXX Cove Meadow Lane, Fort Worth, TX  76123
* 4 February 1995 to 1 June 2004 – XXXX West Manson Boulevard, Manson, WA  98831

   f.  DD Form 93 (Record of Emergency Data), signed by the applicant on 
28 August 2006, that shows he listed his father and mother as beneficiaries and that their address as:  XXXX Wade Hampton Street, Benbrook, TX  76126;

   g.  SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate), signed by the applicant on 6 September 2006, that shows he listed his mother and sister as principal beneficiaries and his father as contingent beneficiary.  It also shows their addresses, as follows:  

* Mother and Father - XXXX Wade Hampton Drive, Benbrook, TX  76126
* Sister – XXX Eastmont Avenue, Apt X, East Wenatchee, WA  98802

   h.  Special Power of Attorney, signed by the applicant on 4 September 2008, in which he stated, "That I, (applicant's name), of the State of Texas, a member of the United States Armed Forces, currently at Fort Riley, Kansas, pursuant to Military Orders, do hereby appoint D----- L. E------- (his mother), of Fort Worth Texas, my true and lawful attorney-in-fact to do the following in my name and in my behalf:…."

9.  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 contended that his HOR should be changed from Washington to Texas because he had been working, paying taxes, and attending college in Texas; however, he started the process to enlist in the U.S. Armed Forces in Texas and he completed the process in Spokane, Washington because he did not have his high school transcripts and he didn't want to miss the earliest available training opportunity was carefully considered.

2.  The evidence of record shows the applicant resided in Texas from (at least) 
2 June 2004 to 2 June 2006, a period of 2 years.  However, there is no evidence of record and the applicant provides no documentary evidence that shows he initiated the enlistment process for entrance into the U.S. Armed Forces during that period.

3.  It is not clear why the applicant did not request that a copy of his high school transcripts be mailed to him or to the Army recruiter in Texas by his sister or from his former high school in Washington, since he didn't want to miss the earliest available training opportunity.  In any event, the evidence of record shows, for at least 2 months, from 3 June 2006 until immediately prior to his enlistment in the USAR (and the RA) in August 2006 the applicant resided at "XXX Eastmont Avenue, Apt X, East Wenatchee, WA  98802."  The evidence of record also shows he entered the U.S. Armed Forces at the MEPS in Spokane, WA.

4.  The HOR is the place recorded as the home of the Soldier when enlisted.

5.  Records show the applicant designated his HOR as "XXX Eastmont Avenue, Apt X, East Wenatchee, WA  98802" when he enlisted in the USAR on 8 August 2006 and also confirmed the address as his HOR when he enlisted in the RA on 28 August 2006.

6.  Records show the applicant had continuous active duty service in the RA from 28 August 2006 through 27 June 2009.  

7.  His DD Form 214 correctly shows his HOR as recorded on his DD Form 4 when he enlisted in the U.S. Army.  Thus, there is no evidence of error in the recorded HOR.

8.  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)                                         AR20140000854



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000854



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1