IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002370 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in:

* item 7b (Home of Record (HOR) at time of Entry) his HOR as Alabama
* item 14 (Military Education) completion of the Warrior Leader Course (WLC)
* item 19a (Mailing Address After Separation) an address in Troy, Alabama

2.  The applicant states that while vacationing in California, he and his wife, at the time, decided to join the Army and went to visit a recruiter.  He contends that he has always resided in Alabama, his children live in Alabama, and he pays taxes in Alabama.  Further, he completed WLC to become a noncommissioned officer (NCO) and this course is not shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a letter from the State of Alabama, Department of Revenue.

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.  He enlisted in the Regular Army on 29 August 2006 and he trained as an automated logistical specialist.  Item 3 (HOR) of the applicant's enlistment contract shows an address in San Diego, California.

3.  He completed a Standard Form 86 (Security Clearance Application) in conjunction with his enlistment.  In item 4 (Where You Have Lived) the applicant indicated that between 1 November 1998 and the present that he lived at an address in Alabama from 2 May 2004 to 1 April 2006.  He listed a California address for all other periods.

4.  His record is void of documents showing he attended or completed the WLC.

5.  On 11 May 2010, he received a general discharge.  His DD Form 214 shows in:

* item 7b, an address in San Diego, California
* item 14, no entry for completion of WLC
* item 19a, an address in San Diego, California 

6.  He provides a letter from the State of Alabama, Department of Revenue, dated 17 January 2014, which states that within the last 7 years the applicant filed his 2005 and 2006 tax returns in Alabama.

7.  Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time.  A temporary address will not be entered.

8.  The Joint Federal Travel Regulation (JFTR) states 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 the 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.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 Include title, length in weeks, and year completed.

	b.  item 19a, enter the permanent mailing address furnished by the individual at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The JFTR provides that an HOR may only be corrected if a bona fide error can be established.  The tax record provided by the applicant is insufficient evidence to show his permanent home was not San Diego, California at the time he enlisted.  Therefore, there is an insufficient basis upon which to change his HOR.

2.  It is reasonable to conclude the mailing address in Item 19a of his DD Form 214 was provided by him at the time of his separation.  There is no evidence the information in item 19a was incorrect on the date of his discharge, and it matches his HOR entry.

3.  There is no evidence to confirm the applicant completed the WLC; therefore, this course should not be added to his DD Form 214.

4.  In view of the foregoing, his request should be denied.

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)                                         AR20140002370





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ABCMR Record of Proceedings (cont)                                         AR20140002370



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