IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006829 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 April 2005, item 7a (Place of Entry into Active Duty), and item 7b (Home of Record), to show San Antonio, TX.

2.  The applicant states after graduating from college in Kansas in December 1989 she moved to San Antonio, TX in January 1990.  She started a job at the Baptist Health Care System in January 1990 and she started the process of assuming a home loan on her future home on Windburn Trail.  She entered active duty as a second lieutenant (2LT) at Fort Sam Houston, TX on 8 March 1990.  She has never lived or been in the State of Pennsylvania for longer than two weeks since 1981. 

3.  The applicant provides no additional evidence.

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.  Her records show she enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) for a 6-year term on 16 April 1981, at the Armed Forces Examining and Entrance Station (AFEES) located in Harrisburg, PA.  

3.  She was separated from the DEP and she enlisted in the Regular Army (RA) for a 4-year term on 10 September 1981.  Her DD Form 4 (Enlistment Contract – Armed Forces of the United States), item 6 (Place of Enlistment/Reenlistment) shows she enlisted at the AFEES located in Harrisburg, PA.

4.  On 29 July 1986, she was honorably discharged at Fort Dix, NJ in the rank of sergeant to enter the Reserve Officers' Training Corps (ROTC).

5.  On 30 July 1986, she enlisted in the U.S. Army Reserve (USAR).  Item 3 (Home of Record) of her DD Form 4 lists her home of record as Harrisburg, PA.

6.  U.S. Army ROTC Cadet Command, Orders 7-2-A-43, dated 11 January 1990, ordered her to active duty at Brooke Army Medical Center, Fort Sam Houston, TX, (located in San Antonio, TX) on 11 March 1990 in the rank of 2LT.  These orders listed her home of record as Harrisburg, PA.

7.  On 27 June 1990, she was appointed as an officer in the Regular Army, Nurse Corps, in the rank of 2LT.  The oath was subscribed at Fort Sam Houston, TX.

8.  Her record contains a DD Form 214 which shows, having sufficient service for retirement, she retired honorably on 30 April 2005, in the rank of major.  Item 7a shows her place of entry into active duty as "Harrisburg, PA."  Item 7b shows her home of record as "Harrisburg, PA."
  
9.  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.

10.  Army Regulation 635-5 (Separation Documents) establishes 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.

	a.  Item 7a of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.

	b.   Item 7b shows the street, city, state and ZIP code listed as the Soldier's home of record.  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 one full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  The home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

11.  The JFTR provides, in part, that the home of record is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the home of record as officially recorded at time of entry into the military service.  However, there is authority to correct a home of record if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the home of record must be based on evidence that a bona fide error was made and the home of record 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.  The applicant's contention that item 7a and 7b of her DD Form 214 for the period ending 30 April 2005 should be amended to show she entered active duty with a home of record of San Antonio, TX was carefully considered and determined to have partial merit.

2.  The available evidence clearly shows she was discharged from her enlisted status at Fort Dix, NJ on 29 July 1986.  Evidence also clearly shows she was appointed as an officer in the Regular Army and she entered active duty at Fort Sam Houston, TX (located in San Antonio, TX).  Therefore, she is entitled to correction of item 7a of her DD Form 214 to reflect this fact.

3.  However, by law and regulation, the home of record 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 home of record officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.

4.  In this case, the evidence of record shows upon her discharge from the RA on 29 July 1986, she immediately enlisted in the USAR on 30 July 1986, and the controlling document correctly listed her home of record as "Harrisburg, PA."  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 and cannot be changed unless there is a break in service of at least one full day (JFTR, Volume 1, App A, Part I).  Her 1990 active duty orders also listed her home of record as Harrisburg, PA.

5.  Based on the foregoing, there is neither an error nor an injustice or a reason to change the home of record listed on her DD Form 214.  There is insufficient evidence to support her contention that her home of record should be changed. 
 
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 amending item 7a of her DD Form 214 for the period ending 30 April 2005 to show she entered active duty at Fort Sam Houston, TX.

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 her home of record to read San Antonio, TX.




      ___________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)                                         AR20140006829





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006829



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1