IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002391
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 that his officially recorded home of record (HOR) be changed.
2. The applicant states that his initial entry into active duty was Augusta, Georgia; however, he separated from the Air Force in Abilene, Texas and re-entered in San Antonio, Texas. He goes on to state that he established his Texas residence in 1982 and has maintained his residency ever since.
3. The applicant provides a one-page letter explaining his application, copies of his DD Forms 214 (Certificates of Release or Discharge from Active Duty), oath of office, and leave and earnings statement dated November 1995.
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 Regular Air Force at Fort Jackson, South Carolina on 6 January 1982. He listed his HOR as being in Augusta, Georgia which coincided with his parents address. He continued to serve in the Air Force until he was honorably discharged in the pay grade of E-5 on 15 August 1991 for the purpose of entering an officer training program of another service. He had served 9 years, 7 months, and 10 days of active service.
3. On 3 September 1991, he enlisted in the U.S. Army Reserve for a period of 8 years and assignment to the Reserve Officers Training Corps (ROTC) Control Group at Eastern New Mexico University in Portales, New Mexico.
4. His DA Form 61 (Application for Appointment), dated 11 September 1992, shows his permanent address in Augusta, GA and his current mailing address in Portales, NM.
5. On 5 May 1973, orders were published by Headquarters, U.S. Army Fourth Region, U.S. Army ROTC Cadet Command, Fort Lewis, Washington which ordered the applicant to active duty for a period of 3 years as a Medical Service Corps second lieutenant effective 15 May 1993. These orders listed his HOR as Augusta, GA. The orders directed him to travel from Portales, New Mexico to Fort Sam Houston, Texas to attend the officer basic course and then for assignment to Korea. The applicant again took his oath of office at Fort Sam Houston, Texas on 25 June 1993.
6. The applicant remained on active duty and was promoted to the rank of captain on 1 November 1997.
7. On 31 March 2004, he was honorably retired at Fort Detrick, Maryland in the rank of captain. He had served 20 years, 5 months and 18 days of active service. His DD Form 214 issued at the time of his retirement shows that his place of entry on active duty was Augusta, Georgia and his HOR was his parents address in Augusta, Georgia. It also shows a mailing address after separation in Frederick, Maryland and his father as his nearest relative in Augusta, GA. The applicant applies to the Board from an address in Garden Ridge, Texas.
8. The Joint Federal Travel Regulation (JFTR) provides, in effect, 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 a 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 that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his HOR should be changed because he changed his residency to Texas has been noted; however, the applicant provided the address used as his HOR at the time of enlistment and it coincides with his parents address.
2. The applicant used his parents address as his HOR both when he enlisted in the Air Force during his initial enlistment and during his initial enlistment in the USAR Control Group (ROTC).
3. He has not provided sufficient evidence to show that that the HOR as recorded in his official records was not in fact the HOR he provided and that it was recorded in error.
4. Inasmuch as the JFTR provides that a HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier, there appears to be no basis to change his HOR.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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