Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140005547
Original file (20140005547.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140005547 


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 the home of record (HOR) shown in item 8c (Home of Record at Time of Entry into Active Duty (Street, RFD, City State, and ZIP Code)) of his DD Form 214 (Report of Separation from Active Duty) be amended.

2.  The applicant states a typographical error was made when he retired.  A corrected HOR will enable him to be accepted into an Illinois Veterans home for long term care.  He has been diagnosed with cancer. 

3.  The applicant provides a DD Form 214, a DD Form 4 (Enlistment Record - United States), and orders.

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 21 September 1954.  The highest rank/grade he attained while serving on active duty was master sergeant (MSG)/E-8.

3.  Available records show the applicant reenlisted 3 times after his initial entry on active duty.  With the exception of the last reenlistment, his HOR was always shown as Box ***, Ripley, (Schuyler County), Illinois.  The address shown on his last reenlistment, which occurred on 15 October 1968, is Box **, Timewell, (Brown), Texas.  This is the address later transferred to his DD Form 214.

4.  The applicant provides:

* the DD Form 4 from his first enlistment
* Orders, Headquarters, 69th Signal Battalion, Special Orders (SO) Number 252, dated 25 October 1968, showing an amendment to paragraph 3 of SO Number 245, same headquarters, revising the HOR to the Ripley, Illinois address

5.  Army Regulation 601-280 (Army Retention Program) states home of record means the place recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.  The official source documents include the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States).  The home of record is used to determine travel entitlements when the Soldier separates from the service.  It can only be changed if there is a break in service of more than 1 day, or to correct an error.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant's HOR was the Ripley, Illinois address throughout his military career.

2.  It appears the change of HOR made on the applicant's last reenlistment document was an error.  Additionally, Army Regulation 601-280 does not permit a change except in cases of a break in service of more than 1 day or to correct an error.  The applicant did not have a break in service, and the fact the applicant provided orders showing a correction of his HOR to an earlier document supports the contention an error occurred.

3.  The DD Form 214 should be amended to show the Ripley, Illinois address as the applicant's HOR.


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends the DD Form 214 for the period ending 31 October 1974 be amended to show the home of record as Box ***, Ripley, Illinois, as shown on his September 1954 enlistment contract.



      ___________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)                                         AR20140005547





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005547



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140013734

    Original file (20140013734.txt) Auto-classification: Denied

    The applicant requests, in effect, a change of the home of record (HOR) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address in Killeen, Texas. The applicant's record contains DD Forms 4 (Enlistment Record Armed Forces of the United States) showing she enlisted on 29 March 1988, reenlisted on 19 March 1992, on 12 January 1999, and 27 September 2002. The available evidence shows the applicant designated her HOR as an address in Fairview Heights,...

  • ARMY | BCMR | CY2010 | 20100015399

    Original file (20100015399.txt) Auto-classification: Denied

    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 Pawnee, Illinois. HOR is the place recorded as the HOR of the Soldier when enlisted. The applicant's DD Form 214 ending on 16 March 2005, shows his HOR as Spring Lake, North Carolina, which agrees with the HOR indicated on his DD Form 4 dated in 2001.

  • ARMY | BCMR | CY2014 | 20140005622

    Original file (20140005622.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), ending on 17 November 1978, to show in Item 8c (Home of Record (HOR) at Time of Entry Into Active Service) "Beaumont, TX" instead of "Sunset, LA." 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...

  • ARMY | BCMR | CY2014 | 20140006023

    Original file (20140006023.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2007 to change Item 7b (Home of Record (HOR) at Time of Entry) from the state of Illinois to Texas. There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the evidence of record shows upon the applicant's initial enlistment in the USAR and RA in 1987 he listed his HOR as...

  • ARMY | BCMR | CY2003 | 2003083468C070212

    Original file (2003083468C070212.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that her DD Form 214 (Report of Separation) dated 13 August 1999 be corrected to show: Item 7b, Home of Record (HOR), as Chicago, Illinois instead of Pulaski, New York. ` The last DD Form 214 shows she also served as a second lieutenant in the USAR, from 6 July 1997 to 13 August 1999 and was released from Active Duty with an honorable discharge. The applicant has failed to submit any documentation to show that her home of record at the time of her periods of...

  • ARMY | BCMR | CY2013 | 20130001881

    Original file (20130001881.txt) Auto-classification: Denied

    The applicant states personnel at the Agana, Guam military entrance processing station accidently used the home address he lived at while inprocessing; however, his actual home of record was Tofol, Kosrae FM. The evidence of record contains enlistment contracts authenticated by the applicant at the time of his enlistment in the Regular Army in 2010 showing his HOR as an address in Barrigada, Guam. The available records do not show a break in service of more than one full day subsequent to...

  • ARMY | BCMR | CY2012 | 20120012614

    Original file (20120012614.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1997 to show his home of record (HOR) as Copperas Cove, TX instead of [St.] Roberts, MO. The applicant's military record shows when he initially entered the RA he listed his HOR as Shelby, NC. For this reason, the Board will not take any action to effect the administrative change to correct his DD Form 214 to show his HOR as Shelby, NC.

  • ARMY | BCMR | CY2015 | 20150008824

    Original file (20150008824.txt) Auto-classification: Approved

    The applicant requests correction of his Enlisted Record Brief (ERB) to show his home of record (HOR) as Bellefonte, PA. 2. There is no authority to change the HOR as officially recorded at the time of entry into military service. The applicant's records clearly show his HOR as Bellefonte, PA, when he enlisted in the Regular Air Force in 2002.

  • ARMY | BCMR | CY2009 | 20090007847

    Original file (20090007847.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the home of record (HOR) listed on her active duty orders and separation/retirement orders be corrected to reflect Round O, SC, instead of Putnam, CT. 2. The evidence of record shows that the applicant's active duty orders, separation/retirement orders, and DD Form 214 all erroneously reflect her HOR as Putnam, CT.

  • ARMY | BCMR | CY2014 | 20140000908

    Original file (20140000908.txt) Auto-classification: Approved

    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 Toledo, Ohio. 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. 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...