IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140010139
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 12 March 2000 to show her home of record (HOR) as San Antonio, Texas.
2. The applicant states:
a. She entered the Army at Fort Sam Houston, Texas; took her oath of office in Texas; and signed all paperwork in Texas. She became a resident of Texas by securing a Texas driver's license and a dental license. She registered vehicles, purchased numerous homes, and she has never left Texas since 1996.
b. She was not afforded the opportunity to change her HOR on her DD Form 214. When she inquired, she was informed it "would take an act of Congress" and she was denied by personnel many times at Fort Sam Houston. She was informed numerous times that she could not change her HOR on her DD Form 214.
c. She recently learned that a DD Form 214 can be amended by a DD Form 215 (Correction to DD Form 214).
3. The applicant provides:
* DD Form 214
* driver's license information
* DA Form 71 (Oath of Office)
* Texas dental license
* tax documents
* real estate purchase agreement/settlement statement
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. Having prior commissioned service in the U.S. Navy Reserve, the applicant was commissioned as a captain (CPT) in the U.S. Army Reserve (USAR) on 24 August 1996 with concurrent orders to active duty. Her DA Form 71 shows she executed her oath of office in San Antonio, Texas. Records show she served as a dentist and she was assigned to Fort Sam Houston, Texas.
3. On 12 March 2000, she was released from active duty. Her DD Form 214 for the period ending 12 March 2000 contains the following entries:
a. Item 7b (HOR at Time of Entry) shows an address in Las Vegas, Nevada.
b. Item 8a (Last Duty Assignment and Major Command) shows her last duty assignment as Fort Sam Houston, Texas.
4. Her Officer Record Brief, dated 21 April 2000, shows her HOR as Nevada and her mailing address as San Antonio, Texas.
5. Army Regulation 601-280 (Army Retention Program) states the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. An HOR can only be changed if there is a break in service of more than 1 day or to correct an error.
6. The Joint Federal Travel Regulation states 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 the time of entry into 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The Joint Federal Travel Regulation provides that an HOR may only be corrected if a bona fide error can be established.
2. The applicant contends the HOR shown on her DD Form 214 for the period ending 12 March 2000 is incorrect and she has provided sufficient evidence to show her permanent home was San Antonio, Texas, at the time she was commissioned as a CPT in the USAR in 1996 and not Las Vegas, Nevada. Therefore, the entry on her DA Form 71 which shows she executed her oath of office in San Antonio, Texas, is accepted as sufficient evidence in which to amend item 7b of her DD Form 214 for the period ending 12 March 2000.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting the current entry in item 7b of her DD Form 214 and replacing it with San Antonio, Texas.
_______ _ _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) AR20140010139
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ABCMR Record of Proceedings (cont) AR20140010139
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