IN THE CASE OF:  	  

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140005845 


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 San Antonio, TX 78234 (not Pewamo, MI 48873) and his Place of Entry into Active Duty (Place EAD) was San Antonio, TX (not Lansing, MI).

2.  The applicant states that when he enlisted in the Regular Army (RA) in 1993 his HOR was Pewamo, MI.  He reenlisted at Fort Sam Houston, San Antonio, TX in 1995, and stated that his HOR was San Antonio, TX.  He concludes that his DD Form 214 should show San Antonio, TX as both his HOR and his Place EAD.

3.  The applicant provides copies of his reenlistment documents.

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.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the RA on 4 February 1993 for a period of 4 years.  It also shows, in pertinent part, the following entries –

* item 3 (HOR):  Pewamo, MI  48873
* item 4 (Place of Enlistment/Reenlistment):  Lansing MEPS (Military Entrance Processing Station), Lansing, MI  48910

3.  A DD Form 4 shows the applicant reenlisted in the RA on 20 December 1995 for a period of 4 years.  It also shows, in pertinent part, the following entries –

* item 3:  San Antonio, TX  78234
* item 4:  Fort Sam Houston, TX  78234

4.  Headquarters, U.S. Army Armor Center, Fort Knox, KY, Orders 202-0168, dated 21 July 1997, discharged the applicant from the RA effective 24 July 1997.  The "For Army Use" section of the orders, in pertinent part, shows –

* HOR:  Pewamo, MI
* Place EAD or OAD (Ordered to Active Duty):  Lansing, MI

5.  A DD Form 214 shows the applicant entered active duty this period on 
4 February 1993 and he was discharged, on 24 July 1997.  He had completed 
4 years and 9 days of total active service this period.  It also shows the following entries –

* item 7a (Place EAD):  Lansing, MI
* item 7b (HOR):  Pewamo, MI  48873

6.  A DD Form 4 shows the applicant enlisted in the Army National Guard of the United States and Texas Army National Guard on 18 August 2011 for a period of 6 years.  It also shows, in pertinent part, the following entries –

* item 3:  Allen, TX  75002
* item 4:  Dallas, TX  75220

7.  Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4.  It shows for item 3, enter the street, city, state, and zip code of the HOR.  HOR is the place recorded as the home of the Soldier when enlisted.  The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted 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 HOR be changed by the Soldier.
8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214. 

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

    	(1)  item 7a, enter the city and state from which the Soldier last entered or was ordered to active duty, and

    	(2)  item 7b, enter the street, city, state, and zip code the Soldier claims as a permanent HOR.  The term HOR means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty.  It is not necessarily the legal domicile as defined for income tax purposes.  The HOR is shown on the enlisted Soldier's enlistment contract and on an officer's order to active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his HOR and Place EAD was San Antonio, TX.

2.  Records show the applicant enlisted and entered active duty in the RA on
4 February 1993 for a period of 4 years at the MEPS in Lansing, MI, and he confirmed at that time that his HOR was in Pewamo, MI.

3.  The evidence of record shows that the place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted unless there is a break in service of more than one full day (emphasis added).  The evidence of record also shows that the Place EAD is the city and state where the Soldier entered active duty (emphasis added).


4.  On 20 December 1995, he reenlisted in the RA without a break in his active duty service.

   a.  The evidence of record shows the applicant stated that his HOR was San Antonio, TX, and that information was recorded on his reenlistment contract.

   b.  Thus, it appears the reenlistment official failed to verify the applicant's HOR from his initial enlistment contract.  Despite this error, no action is being taken at this time to correct item 3 of his DD Form 4.

5.  Records show the applicant had continuous active duty service in the RA from 4 February 1993 through 24 July 1997.  

6.  His DD Form 214 correctly shows his Place EAD as "Lansing, MI" and his HOR as "Pewamo, MI  48873."  Thus, there is no evidence of error in the Place EAD or the HOR recorded on his DD Form 214.

7.  Therefore, in view of all 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 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)                                         AR20140002474



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ABCMR Record of Proceedings (cont)                                         AR20140005845



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