IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006994
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) for the period ending 10 August 2006 to change Item 7b (Home of Record (HOR) at Time of Entry) from Ohio to Texas.
2. The applicant states his home of residency was changed from Ohio to Texas in August 1999. His dependent child is being denied state education benefits because of this error.
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. His DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), completed and signed by the applicant when he enlisted in the Regular Army on 2 February 1993, contains the following entries:
* Item 3 (HOR) XXXXXXX, Tiffin, OH XXXXX
* Item 4 (Place of Enlistment/Reenlistment) Cleveland Military Entrance Processing Station, OH
3. A review of his Official Military Personnel File (OMPF) shows that his HOR is recorded as Tiffin, OH on all his reenlistment documents during his period of service.
4. He was honorably retired at Fort Hood, TX on 10 August 2006 due to disability. His DD Form 214 issued at the time of his separation shows in:
* Item 7a (Place of Entry into Active Duty) Cleveland, OH
* Item 7b XXXXXXX, Tiffin, OH XXXXX
5. Army Regulation 635-5 (Separation Documents), in effect 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 Soldiers HOR.
6. 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 Soldiers career.
7. 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. In this case, the evidence of record shows upon his initial enlistment in the RA in 1993, the applicant listed his HOR as Tiffin, OH. Furthermore, he maintained this same HOR for his entire period of active duty service. As such, his DD Form 214 correctly lists this city/state in item 7b as his HOR.
3. In view of the above, his request should be denied.
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) AR20140006994
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ABCMR Record of Proceedings (cont) AR20140006994
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