IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006052
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 item 7b (Home of Record (HOR)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on
1 November 2010 to show an address located in Meridian, Idaho instead of Provo, Utah.
2. The applicant states he never lived in Provo, Utah.
3. The applicant provides a copy of his DD Form 214, issued 1 November 2010.
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. On 17 February 2000, the applicant enlisted in the U.S. Army Reserve (USAR). The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared during this enlistment processing listed a "Meridian, Idaho" address in item 3.
3. Orders a-10-721206, U.S. Army Human Resources Command, dated
19 October 2007, retained the applicant on active duty for an additional period of 5 months and 27 days for the purpose of completing medical care. These orders show his HOR as Mountain Home, Idaho.
4. On 1 November 2010, he was retired due to disability. Item 7b of the DD Form 214 issued to him at that time contains a "Provo, Utah" address.
5. A review of his Official Military Personnel File (OMPF) did not find an address in Utah listed on any of his active duty orders or enlistment documents.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states to enter the HOR at the time of entry on active duty in item 7b. The "Home of Record" is the place recorded as the home of record 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.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show his HOR as Meridian, Idaho.
2. The evidence of record confirms the applicant's HOR was identified as "Meridian, Idaho" during his 17 February 2000 enlistment in the USAR. However, in 2007, he was retained on active duty and his HOR was established as Mountain Home, Idaho. Based on this continual service, the applicant's HOR could not be changed. However, item 7b of his DD Form 214 issued on
1 November 2012 should be corrected to show "Mountain Home, Idaho."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 7b of his DD Form 214 issued on 1 November 2010 the current entry and replacing it with the Mountain Home address as shown on Orders A-10-721206, dated 19 October 2007.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his home of record to read Meridian, Idaho.
____________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) AR20140006052
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ABCMR Record of Proceedings (cont) AR20140006052
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