IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140007375
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2009 to show his home of record (HOR) as listed in item 6 of his DD Form 149 (Application for Correction of Military Record).
2. The applicant states his permanent address is different from the address shown on his DD Form 214.
3. The applicant provides:
* DD Form 214 for the period ending 30 June 2009
* DD Form 4 (Enlistment/Reenlistment Document)
* a copy of his driver license
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 9 November 2005, with 8 years of prior service, the applicant enlisted in the New Jersey Army National Guard (NJARNG). Item 3 (HOR) of the DD Form 4 completed in connection with this enlistment shows his HOR as XXX WXXX SXXX St, Trenton, NJ.
3. Page 1 of the DD Form 1966 (Record of Military Processing Armed Forces of the United States) completed in connection with the above enlistment shows his current address at the time of his enlistment processing and his HOR as that listed on his DD Form 4.
4. On 18 June 2008, he entered active duty in support of Operation Iraqi Freedom.
5. On 30 June 2009, he was honorably released from active duty and he was transferred back to the NJARNG. The DD Form 214 he was issued at the time shows in item 7b (HOR at Time of Entry) the same address shown as the HOR on his DD Form 4 above.
6. The Joint Federal Travel Regulation (JFTR), Appendix A, Part 1 provides that the HOR is the place recorded as the individuals home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. 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 an 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.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It stated for item 7b, enter the street, city, state, and zip code listed as a Soldiers HOR. "Home of Record" 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 (JFTR, Volume 1, App A, Part I). HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
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. Any 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.
2. In this case, an enlistment contract shows his HOR as XXX WXXX SXXX St, Trenton, NJ and page 1 of his DD Form 1966 shows his current address at the time and his HOR the same as above.
3. In view of the foregoing, there is no basis for granting the relief he requests.
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) AR20140007375
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ABCMR Record of Proceedings (cont) AR20140007375
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