IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140015250
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) be changed to Alabama.
2. He states his son is trying to attend college in Alabama, but he was denied benefits from that state.
3. He provides his DD Form 214, Standard Form 88 (Report of Medical Examination), dated 27 August 1990, and Reserve documents.
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 enlisted in the Regular Army (RA) on 21 September 1990. His HOR listed on the enlistment contract was Buffalo, NY and the place of enlistment was Nashville, TN.
3. On 31 March 1994, he reenlisted in the RA. His HOR was listed as Buffalo, NY and his place of enlistment/reenlistment was listed as Fort Bliss, TX.
4. On 30 March 1997, he was honorably released from active duty and was credited with completing 6 years, 6 months, and 10 days of active duty service. His DD Form 214 shows in:
* Item 7a (Place of Entry into Active Duty) Nashville, TN
* Item 7b (HOR) Buffalo, NY
5. The applicant provided a Standard Form 88 that shows on 27 August 1990, during his entrance examination, he listed his home address as Huntsville, AL.
6. Army Regulation 601-280 (Army Retention Program) states the HOR is the place recorded as the home of the Soldier when entered into the current tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. Effective 1 January 1987, HOR is 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 home 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 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 member.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Item 7b shows the street, city, state and ZIP code listed as the Soldier's HOR. The "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's HOR at the time of his enlistment in the RA was Buffalo, NY. The HOR can only be changed if there is a break in service of more than one day, or to correct an error.
2. Further, the fact that he listed his residence as Huntsville, AL, at the time of his entrance examination is not sufficient as a basis to change his HOR. The evidence of record verifies that his HOR was recorded as Buffalo, NY when he enlisted in the military in 1990 and at his reenlistment in 1994. As such, his
DD Form 214 is correct as constituted.
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) AR20140015250
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ABCMR Record of Proceedings (cont) AR20140015250
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