IN THE CASE OF: 

		BOARD DATE: 14 April 2015

		DOCKET NUMBER:  AR20140014073


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 a change of the home of record (HOR) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address in Cypress, Texas.

2.  The applicant states:

	a.  She started her enlistment papers in Houston, TX when her then spouse transferred to Fort Riley, Kansas.  The Houston Military Entrance Processing Station (MEPS) gave her up to the Kansas City, TX MEPS for points as a "courtesy ship."

	b.  She was "given" to the Kansas City MEPS and a new enlistment contract was written.  Staff Sergeant (SSG) B____ did not explain the HOR at the time and just asked for an address.  

	c.  Her daughter is being denied Texas education benefits because the applicant's HOR is not listed as Texas.

3.  The applicant provides copies of:

* Aptitude Information Sheet, dated 2 December 1993, showing an address in Houston, Texas
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States), pages 2 and 3, dated 22 January 1994
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), page 1, dated 22 January 1994
* DA Form 2823 (Sworn Statement), Staff Sergeant (SSG) G____ C____
* orders assigning her to Fort Riley, Kansas, dated 6 October 1993
* documents showing she lived, went to school, and was employed in Houston, Texas, prior to military service
* Texas Department of Public Safety record showing she was issued a Texas driver's license in 1984 that will expire in 2018
* her daughter's Texas Identification Card issued in 2013
* a document showing the transfer of her unused semester hours to her daughter under the Hazelwood Exemption (ACT). 

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 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 22 January 1994. She was discharged from the USAR and enlisted in the Regular Army (RA) on 
2 March 1994.

3.  The applicant's record contains DD Forms 4 showing she enlisted on 
22 January 1994 and reenlisted on 30 June 1997.  The HOR listed on both
DD Forms 4 is an address in Junction City, Kansas.

4.  She was honorably discharged on 29 October 2001 in the rank of sergeant/
E-5.  She had completed 7 years, 7 months, and 28 days of active duty service.  Her DD Form 214 shows her HOR as Junction City, Kansas.

5.  The applicant provides copies of:

	a.  A DD Form 1996 showing in item 23 (Education) while in high school and college she lived in Austin and Houston, Texas.  Section IV (Remarks) shows a comment that, "Per conversation between CPT C____., Saline Company and CPT G____, Houston West Company Commander "Relg" of credit was approved…"

	b.  A Sworn Statement from SSG C____, a recruiter in the Houston Army Recruiting Station, who states he started to process the applicant for enlistment in the RA in June 1993.  Her husband, also a Soldier, departed for basic training in May 1993.  While processing the applicant for enlistment, he verified her place of birth, completion of high school, employment, and residence.  As a recruiter for the Army all of this information was necessary for enlistment.  Had she enlisted in Houston, Texas, he would have ensured her HOR was listed as Houston, Texas.

	c.  Several documents showing she went to school and was employed in Houston, Texas, prior to enlisting.  Her Texas Driver's License was originally issued on 19 January 1994.

6.  Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4.  Item 3 (HOR) states for RA Soldiers, enter the street, city, state, and zip code of the HOR.  HOR is the place recorded as the home of the Soldier when enlisted.  The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when the Soldier enlisted unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day can the HOR be changed by the Soldier.

7.  Army Regulation 635-5 (Separation Documents) in part establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of her or her military service at the time of release from active duty, retirement or discharge.  It states for item 7b, the entry is self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant designated her HOR as 
an address in Junction City, Kansas, when she enlisted.  She maintained that address as her HOR when she reenlisted.

2.  The available evidence has been reviewed; however, there is no evidence showing she had a break in service of more than a full day and changed her HOR.  Therefore, there appears to be no error.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.
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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20140014073



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