BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003927 


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), ending on 22 June 2004, to show in Item 7b (Home of Record (HOR) at Time of Entry) "Houston, TX" instead of Widefield, CO. 

2.  The applicant states he was born in Texas and mostly raised there.  At the time of enlistment, he lived in Colorado.  Perhaps there was some misunderstanding on the part of officials at the Military Entrance Processing Station (MEPS).  

3.  The applicant provides his DD Form 214 and birth certificate. 

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 U.S. Army Reserve under the Delayed Entry Program (DEP) on 4 November 1991.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document) listed his HOR as "XXX Bi----- Street, Widefield, CO, 80911."  He enlisted at the Denver MEPS.  

3.  He completed multiple allied documents in connection with this enlistment.  Section I, item 5 (HOR) of his DD Form 1966/1 (Record of Military Processing-Armed Forces of United States) also listed his current address and his HOR as "XXX Bi----- Street, Widefield, CO, 80911."  This form also listed the schools he attended as:  

* Dorty High School, Colorado Springs, CO, 8012-8103
* Humble High School, Humble, TX, 8103-8106
* North Harris County College, Houston, TX, 8906-9012

4.  He was discharged from the DEP on 25 May 1992 and subsequently enlisted in the Regular Army (RA) for 3 years at the Amarillo, TX, MEPS on 26 May 1992. 

5.  He completed training and he was awarded military occupational specialty 88H (Cargo Specialist).  He served through multiple reenlistments and extensions in a variety of assignments. 

6.  He reenlisted in the RA, on 5 January 1995, while stationed at Schofield Barracks, HI.  His DD Form 4 for this period also listed his HOR as "XXX Bi----- Street, Widefield, CO, 80911."  

7.  He again reenlisted in the RA on 14 March 2001, while stationed at Fort Bragg, NC.  His DD Form 4 for this period also listed his HOR as "XXX Bi----- Street, Widefield, CO, 80911."  

8.  Orders 161-0013, issued by Headquarters, U.S. Army Transportation Center, Fort Eustis, VA, dated 9 June 2004, shows he was to be honorably discharged from active duty, effective 22 June 2004.  These orders listed his HOR as Widefield, CO, and place entered active duty as Amarillo, TX. 

9.  On 22 June 2004, he was honorably discharged.  The DD Form 214 he was issued shows in:

* Item 7a (Place of Entry on Active Duty) the entry "Amarillo, TX"
* Item 7b the entry "XXX Bi----- Street, Widefield, CO, 80911"  


10.  The applicant submitted his birth certificate that shows he was born in Houston, TX. 

11.  Army Regulation 601-280 (Army Retention Program) at the time prescribed the criteria for the Army retention program.  Table 11-1 of this regulation defines the HOR as 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 home of record be changed by the member.

12.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR.  The "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  The HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

13.  The JFTR provides, in part, 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 the 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 the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.
2.  The evidence of record shows upon his initial enlistment in the DEP in November 1991 and subsequent enlistment in May 1992, he listed his HOR as "XXX Bi----- Street, Widefield, CO, 80911."  He admits he was living in Colorado at the time he enlisted.  He entered active duty from Amarillo, TX but nowhere in his enlistment contract or allied documents is any reference made to another HOR in Texas.

3.  He reenlisted in January 1995.  Although he did so at Schofield Barracks, HI, where he was assigned, this did not change him HOR or the place he initially entered active duty.  Likewise, he again reenlisted in March 2001 and although he did so at Fort Bragg, NC, this also did not change his HOR.

4.  His DD Form 214 correctly listed the place of entry on active duty and HOR in items 7a and 7b.  He has not provided any evidence that either entry is in error or unjust.  In view 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)                                         AR20140003927



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ABCMR Record of Proceedings (cont)                                         AR20140003927



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