BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140004927 


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) to show his home of record (HOR) as "Irvington, AL" instead of "Gautier, MS."

2.  The applicant states the address shown at his discharge is incorrect.  Someone entered his aunt's address on his DD Form 214 by mistake.  He stayed in Alabama and never in Mississippi.  He submits a DD Form 214 with the HOR highlighted with an annotation indicating that the address therein should be changed to an Alabama address.

3.  The applicant provides a personal statement and his DD Form 214.

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.  His record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 11 June 1996.  Item 3 (HOR) of this DD Form 4 lists his HOR as "Gauthier, MS."

3.  His record contains multiple allied documents which were completed in connection with his enlistment in the USAR DEP.

   a.  In item 3 (Current Address) on page 1 of his DD Form 1966/1 (Record of Military Processing – Armed Forces of United States), his address is shown as Gautier, MS and item 4 (HOR Address) contains the entry "same as #3."  Page 2 of this form shows he attended high school in Mississippi from 1993 until the time of his enlistment in 1996.

	b.  A Standard Form 88 (Report of Medical Examination) and Standard Form 93 (Report of Medical History), dated 10 June 1996, show his home address in Gautier, MS.

4.  His record contains a DD Form 4/3 that shows he was discharged from the USAR DEP on 6 August 1997 for the purpose of enlisting in the Regular Army (RA).  The form further shows his oath of enlistment in the RA for a period 3 years was administered at the Military Entrance Processing Station, New Orleans, LA on that same date.

5.  An SGLV 8286 (Servicemen's Group Life Insurance Election and Certificate), dated 8 August 1997, shows his parent's address at the time was in Gautier, MS.

6.  Review of his record revealed no mention of an Alabama address.

7.  On 19 August 1998, he was honorably discharged from active duty for disability with severance pay.  The DD Form 214 he was issued at the time shows in item 7b (HOR at Time of Entry), "Gautier, MS."

8.  The Joint Federal Travel Regulation, Appendix A, Part 1 provides that the HOR is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  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.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It further stated that for item 7b on the DD Form 214 to enter the street, city, state and zip code listed as a Soldier’s home of record on his or her initial enlistment contract.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 7b of his DD Form 214 should be changed to show an Alabama address instead of a Gautier, MS address was carefully considered.

2.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.  Any correction to a HOR must be based on evidence that a bona fide error was made.

3.  In this case, the evidence of record shows his current address and HOR at the time of his enlistment and his entry on active duty was in Gautier, MS.

4.  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)                                         AR20140004927



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ABCMR Record of Proceedings (cont)                                         AR20140004927



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