IN THE CASE OF:  	  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140005622 


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 (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." 

2.  The applicant states his new HOR was given but put in item 28 (Mailing Address After Separation) at the time of his reenlistment.  The mailing address was correct at the time but put in the wrong place of his DD Form 214.  When he reenlisted, he requested his HOR be changed to "44XX For---- Lane, Beaumont, TX 77704."  This is the address shown in item 28 and it should also be the address shown in the HOR block. 

3.  The applicant provides his DD Forms 214, ending on 19 November 1975 and 17 November 1978. 

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.  In connection with his enlistment in the U.S. Army Reserve (USAR), the applicant completed a DD Form 398 (Statement of Personal History) on 3 February 1973.  He listed:

* his prior education from 1960 to 1969 as having been at George Washington Carver in Sunset, LA
* his prior education from 1969 to 1973 as having been at Sunset High School, Sunset, LA

3.  He enlisted in the USAR under the Delayed Entry Program (DEP) at the New Orleans Armed Forces Examining and Entrance Station on 3 February 1974.  Item 41 (HOR) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his HOR as "Route 1, Box XXX-X, Sunset, St. Landry [Parish], LA, 70570."  

4.  He was discharged from the DEP on 11 June 1973.  He subsequently enlisted in the Regular Army (RA) on 12 June 1973.  Item 41 of his DD Form 4 also listed his HOR as "Route 1, Box XXX-X, Sunset, St. Landry, LA, 70570."  

5.  He completed training and he was awarded military occupational specialty 75D (Personnel Records Specialist).  Item 25 (HOR) of his DA Form 2-1 (Personnel Qualification Record), which was created upon his entry on active duty, listed his HOR as "Sunset, LA." 

6.  He served in Germany from 19 February 1975 to 13 February 1978.  While in Germany, he was honorably discharged from active duty on 19 November 1975 for the purpose of immediate reenlistment. 

7.  Item 8c of his DD Form 214 for this period of service listed his HOR as "Route 1, Box XXX-X, Sunset, St. Landry [Parish] LA, 70570."  He authenticated this form with his signature. 

8.  He reenlisted in the RA on 20 November 1975, while in Germany.  Item 41 of his DD Form 4 for this period of enlistment/reenlistment listed his HOR as "Route 1, Box XXX-X, Sunset, St. Landry [Parish] LA, 70570."  

9.  He was honorably released from active duty on 17 November 1978.  His DD Form 214 for this period of service listed in:

* Item 8c, "Route 1, Box XXX-X, Sunset, St. Landry (County), LA, 70570"
* Item 28, "44XX For---- Lane, Beaumont, TX 77704" 

10.  Army Regulation 601-280 (Army Retention Program) prescribes 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.

11.  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.

12.  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 February 1973 and subsequent enlistment in the RA in June 1973, he listed his HOR as "Route 1, Box XXX-X, Sunset, St. Landry [Parish] LA, 70570."  Nowhere in his enlistment contract or allied documents is any reference made to another HOR in Texas.

3.  He reenlisted in November 1975.  Although he did so in Germany, where he was assigned, this did not change his HOR.  There was no break in service.  As such, his reenlistment DD Form 214 correctly listed the correct place of entry on active duty and HOR.  He has not provided any evidence that his HOR 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)                                         AR20140005622





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005622



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1