BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140010293
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 (Armed Forces of the United States Report of Transfer or Discharge) ending 29 May 1991 to show his first name as Terry and his home of record (HOR) as Natrona Heights, Pennsylvania 15065.
2. The applicant states his first name and the HOR on the DD Form 214 are incorrect.
3. The applicant provides copies of his:
* DD Form 214 ending 26 January 1990
* DD Form 214 ending 29 May 1991
* Last Will and Testament
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 215 (Correction to DD Form 214) was issued on 12 May 1992 showing his first name on the DD Form 214 ending 21 May 1991 was changed to "Terry." A copy of the DD Form 215 is included with these Proceedings Therefore, this portion of his request will not be further discussed in these Proceedings
3. The applicant enlisted in the U.S. Army Reserve (USAR) on 17 July 1989.
4. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows in item 3 (HOR): Natrona Heights, PA 15065.
5. He was ordered to initial active duty for training (IADT) effective 10 November 1989.
6. He was released from active duty due to completion of training effective
26 January 1990. His DD Form 214 shows in item 7b (HOR): Natrona Heights, PA 15065.
7. A 298th Transportation Company, Franklin, PA, memorandum, Subject: Unit Mobilization, shows his unit was ordered to active duty effective 23 September 1990. His name included on the unit roster and the HOR is shown as Natrona Heights, PA 15065.
8. He was honorably released from active duty on 29 May 1991. His DD Form
214 shows in item 7b (HOR): Las Vegas, NV 89110.
9. There is no record showing he changed his HOR to Las Vegas, Nevada.
10. Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for the preparation of the DD Form 214. In the version of the regulation in effect at the time, it stated in item 21 enter the HOR at the time of entry into active service
11. The Joint Federal Travel Regulation provides 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, 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 that the applicant listed his HOR as Natrona Heights, PA on his enlistment document.
3. The unit active duty orders show his HOR as Natrona Heights, Pennsylvania, but his DD Form 214 ending 29 May 1991 lists his HOR as Las Vegas, Nevada.
4. There is no available evidence showing he listed his HOR as Las Vegas, Nevada, during his active duty service. The HOR entry on his DD Form 214 ending 29 May 1991 should be corrected.
BOARD VOTE:
___x_____ _x______ _x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 from item 7b of his DD Form 214 ending 29 May 1991 and replacing it with the entry as shown on his DD Form 4.
__________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) AR20110023428
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140010293
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010139
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. 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. Correction of the HOR must be based on evidence that a bona fide error...
ARMY | BCMR | CY2014 | 20140016357
The applicant requests that his home of record (HOR) be changed to Austin, Texas. At the time of his enlistment he indicated his HOR was in Austin, Texas. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his HOR as the same address in Austin, Texas that is reflected on his DD Form 4/1.
ARMY | BCMR | CY2009 | 20090007307
The applicant requests that his home of record (HOR) on his military records be changed to show 1*** B***** Street, West City, Illinois 62812. This is especially significant since he provided information at the time of his enlistment in the Regular Army that fails to show that he ever resided at an address in West City, Illinois. 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.
ARMY | BCMR | CY2013 | 20130008840
The applicant requests correction of item 21 (Home of Record (HOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 13 October 1969, to show his HOR as Sharon, PA, and not Masury, OH. This form also lists his residences from 1947 to 1960 as Sharon, PA, and from 1960 to 1966 as Ulp Street, Masury, OH; and the form further lists his sisters address as Sharon, PA. c. A DA Form 41 (Record of Emergency Data), dated 15 September 1969, which lists...
ARMY | BCMR | CY2014 | 20140002417
There is no authority to change the HOR as officially recorded at the time of entry into the military service. 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. The applicant has provided insufficient evidence to show his permanent home was not Las Vegas, NV at the time he enlisted in the RA on 20 January 2006.
ARMY | BCMR | CY2011 | 20110023428
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2010 to show his home of record (HOR) as "Fort Rucker, AL" instead of "Harvey, LA." There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the evidence of record shows upon his initial enlistment in the DEP and subsequent enlistment in the RA on 17 November 1988, he listed his HOR as...
ARMY | BCMR | CY2015 | 20150008824
The applicant requests correction of his Enlisted Record Brief (ERB) to show his home of record (HOR) as Bellefonte, PA. 2. There is no authority to change the HOR as officially recorded at the time of entry into military service. The applicant's records clearly show his HOR as Bellefonte, PA, when he enlisted in the Regular Air Force in 2002.
ARMY | BCMR | CY2014 | 20140006829
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. 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). In this case, the evidence of record shows upon her discharge from the RA on 29 July...
ARMY | BCMR | CY2014 | 20140006971
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 7b his correct home of record (HOR). 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...
ARMY | BCMR | CY2011 | 20110005121
There is no authority to change the HOR as officially recorded at the time of entry into military service. He has not provided documentation and his record contains no evidence to show his address was anything other than the Jeannette, PA address listed in his enlistment contract. As a result, the Board recommends denial of so much of the application that pertains to correcting items 7b and 19a of his DD Form 214 for the period ending 10 July 2006 to show the entry xxxx W. xxth Street,...