IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002417
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 24 August 2010 to show his home of record (HOR) as Jacksonville, NC.
2. The applicant states:
* there was no break in service from his Regular Air Force service to his Regular Army (RA) service
* the HOR should not have changed
3. The applicant provides:
* DD Forms 214 for the periods ending 17 January 2006 and
24 August 2010
* Air Force (AF) Form 100 (Request and Authorization for Separation)
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 Army on 27 November 1990, served as a record telecommunications center operator, and he was honorably released from active duty on 10 August 1996.
3. His DD Form 214 for the period ending 17 January 2006 shows he served in the Air Force from 7 August 2001 to 17 January 2006 when he was honorably discharged from Nellis Air Force Base. An address in Jacksonville, NC is listed as his HOR.
4. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 20 January 2006, shows an address in Las Vegas, NV in item 4 (HOR Address).
5. The available records do not contain an enlistment contract, dated 20 January 2006. However, his DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program) shows he enlisted in the RA on 20 January 2006 for a period of 3 years.
6. On 24 August 2010, he was honorably discharged from the Army. His DD Form 214 contains the following entries:
a. Item 7b (HOR at Time of Entry) shows an address in Las Vegas, NV.
b. Item 12a (Record of Service Dated Entered Active Duty (AD) This Period) incorrectly shows his active duty entry date as 25 November 1995.
c. Item 18 (Remarks) shows the entry "CONTINUOUS HONORABLE ACTIVE SERVICE: 20060120 - 20100824."
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides that the HOR address (street, city, county, state, country, and zip code) will be entered in item 4 of the DD Form 1966. Do not enter a temporary address. The address must be in the continental United States or a U.S. territory.
8. Army Regulation 601-280 (Army Retention Program) states the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. An HOR can only be changed if there is a break in service of more than 1 day or to correct an error.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends there was no break in service from his Regular Air Force service to his RA service, evidence shows he was discharged from the Air Force on 17 January 2006 and he enlisted in the RA on 20 January 2006, three days later. In addition, this was his relevant enlistment.
2. The JFTR provides that an HOR may only be corrected if a bona fide error can be established. The applicant has provided insufficient evidence to show his permanent home was not Las Vegas, NV at the time he enlisted in the RA on 20 January 2006. Therefore, there is an insufficient basis upon which to change his HOR.
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) AR20140002417
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002417
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