IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015078
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) to show her home of record (HOR) as El Paso, Texas.
2. The applicant states:
* the HOR listed on her DD Form 214 (an address in Moore, Oklahoma) was her brother's address whom she was visiting at the time she enlisted
* she was not an Oklahoma resident she had only been in Oklahoma for 2 months
* she is a life-long resident of El Paso, Texas
* she did not know this incorrect address would affect her after her discharge
* she has had to provide proof of her Texas residency on many occasions
3. The applicant provides:
* Internal Revenue Service Form W-2 (Wage and Tax Statement) for 2004
* DD Form 214
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. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and DD Form 1966 (Application for Enlistment Armed Forces of the United States) are not available for review.
3. Her DD Form 214 shows she enlisted in the Regular Army on 15 September 2003 and she was honorably discharged on 24 September 2009 by reason of parenthood.
a. Item 7a (Place of Entry into Active Duty) shows Oklahoma City, Oklahoma.
b. Item 7b (HOR at Time of Entry) shows an address in Moore, Oklahoma.
c. Item 8b (Station Where Separated) shows Fort Hood, Texas.
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides that the HOR address (street, city, county, state, country, and zip code) will be entered in item 4 of the DD Form 1966. The instructions state, "Do not enter a temporary address." The address must be in the continental United States or U.S. Territory.
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. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the street, city, state, and zip code the Soldier claims as a permanent HOR. The term "home of record" means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. The HOR is shown on an enlisted Soldier's service contract and on an officer's order to active duty.
7. The Joint Federal Travel Regulation (JFTR) 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 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the HOR shown on her DD Form 214 is her brother's address and she is a life-long resident of El Paso, Texas. The evidence of record shows she entered active duty from Oklahoma City, Oklahoma, and declared an address in Moore, Oklahoma, as her HOR. She was discharged from Fort Hood, Texas.
2. The JFTR provides that an HOR may only be corrected if a bona fide error can be established. She provided insufficient evidence to show her permanent home was El Paso, Texas, at the time she enlisted in the Regular Army in 2003 as opposed to Moore, Oklahoma. Therefore, there is insufficient evidence on which to base amending item 7b of her DD Form 214.
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 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) AR20140015078
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015078
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