IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008122
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 his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 June 2010 be changed to Texas instead of North Carolina.
2. The applicant states he had been a resident of Texas his entire life. He was born in Texas, raised in Irving, TX, and graduated from MacArthur High School. He has paid taxes in Texas his entire working life including while in the military. He was only at Fort Bragg for 2 months and joined the Army there. Because his
DD Form 214 reflects a non-Texas HOR, he cannot apply for veterans benefits in Texas.
3. The applicant provides:
* DD Form 214
* Enlisted Record Brief (ERB), dated 27 April 2010
* birth certificate from the county of Dallas
* high school diploma
* three driver licenses issued by the State of Texas
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 15 November 2005, he completed a Standard Form (SF) 86 (Security Clearance Application). In item 4 (Where You Have Lived) he listed an address at Fort Bragg, NC and that he lived there from 23 October 2005 to the present. No other addresses are listed. No relatives or associates are listed on the form.
3. On 28 December 2005, the applicant completed a DD Form 1966 (Record of Military Processing - Armed Forces of the United States). This form provided the following information in:
* item 3 (Current Address) - an address at Fort Bragg, Cumberland, NC
* item 4 (HOR Address) - an address in Fayetteville, Cumberland, NC
* item 14 (Valid Driver's License (State, number, and expiration date) - TX, 19799884, 18 September 2008
* item 15 (Place of Birth) - Irving, TX
4. On 28 December 2005, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP). Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows an address at Fort Bragg, NC.
5. On 31 January 2006, he enlisted in the Regular Army for 4 years and
19 weeks.
6. On 12 June 2010, he was released from active duty. Item 7b (HOR at Time of Entry) shows an address at Fort Bragg, NC.
7. His ERB shows his place of birth as Texas. The block for his HOR is blank.
8. His birth certificate shows he was born in Dallas County, TX and his high school diploma shows he graduated from Winfree Academy High School in Irving, TX.
9. He provided two Texas driver licenses with expiration dates of 18 September 2002 and 18 September 2008. Both licenses show an address in Irving, TX. He also provided a Texas driver's license with an expiration date of 18 September 2014. This license shows an address in Dallas, TX.
10. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, governed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment. Figure 6-1 (DD Form 1966 completion instructions) provided the following instructions for:
a. Item 3 (Current Address) - Enter street, city, county, state, country and zip code.
b. Item 4 (HOR Address) - Enter the street, city, county, state, country and zip code. Do not enter a temporary address.
11. Table 11-1 (Instructions for completing DD Form 4) of Army Regulation
601-280 (Army Retention Program), in effect at the time, stated the HOR was 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 HOR 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 was a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member.
12. The Joint Travel Regulations, Appendix A (Definitions and Acronyms), defines HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.
a. The place recorded as the individuals home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the 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 may the member change the HOR.
b. Travel and transportation allowances are based on the officially corrected recording in those instances when, through a bona fide error, the place originally named at time of current entry into the Service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the members actual home upon entering the Service, and not a different place selected for the member's convenience.
DISCUSSION AND CONCLUSIONS:
1. The actual address in item 4 of his DD Form 1966 is not the same as that shown in item 3 of his DD Form 4 or item 7b of his DD Form 214. However, Fort Bragg is located in Cumberland County, NC. Item 4 of his SF 86, item 3 of his
DD Form 4, and item 7b of his DD Form 214 all contain the same address. Therefore, his HOR recorded at time of enlistment was Cumberland County, NC.
2. He served continuously in the RA from 31 January 2006 to 12 June 2010. Because there was no break in service of at least 1 day his HOR remains Cumberland County, NC.
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) AR20140008122
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ABCMR Record of Proceedings (cont) AR20140008122
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