IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140016778 


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 (Certificate of Release or Discharge from Active Duty) to show in item 7b (Home of Record (HOR) At Time of Entry) 9XX MXXX Street, #16, McKinney, TX  75069.

2.  The applicant states at the expiration of his term of service he resided at 9XX MXXX Street, #16, McKinney, TX  75069 and he was subsequently assigned to Battery B, 3rd Battalion, 132nd Field Artillery Regiment in Dallas, TX.

3.  The applicant provides a copy of his 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 enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 14 November 1987 at the Shreveport Military Entrance Processing Station (MEPS), Shreveport, LA.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 14 November 1987, shows in item 3 (HOR) the entry 8XX WXXXXX Avenue, Benton, LA  71006.  Item 4 (Place of Enlistment/Reenlistment) contains the entry Shreveport MEPS, LA.  He was discharged from the DEP on 19 January 1988.

3.  His DD Form 1966/2 (Record of Military Processing), an allied document to the DD Form 4, also listed his current residence as 8XX WXXXXX, Benton, LA  71006.

4.  The applicant was honorably released from active duty (REFRAD) on 1 March 1994 and transferred to Battery B, 3rd Battalion, 132nd Field Artillery, Dallas, TX  75220.  The DD Form 214 he was issued shows the following entry in item 7b                 "8XX WXXXXX AVE BENTON LA  71006."  Item 19a (Mailing Address After Separation) shows the applicant indicated that his mailing address after separation would be 9XX MXXX, #16, McKinney, TX  75069.

5.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program.  Table 11-1 of this regulation defines the HOR as 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.

6.  Army Regulation 635-5 (Separation Documents), then in effect, 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 one 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.

7.  The JFTR provides, in part, 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 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.

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of 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 there is evidence that a bona fide error was made.  

2.  In this case, the evidence of record shows the applicant identified his HOR as Benton, LA, and he entered active duty in Shreveport, LA.  He served continuously on active duty, without any break in service, through his separation on 1 March 1994.  Accordingly, when his DD Form 214 was prepared upon REFRAD, his HOR and the place of entry on active duty were correctly listed as Benton, LA.  His address following separation is also properly shown in item 19a.  There is neither an error nor an injustice or a reason to change the HOR listed on his DD Form 214.  Therefore, he is not entitled to the 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)                                         AR20140016778





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ABCMR Record of Proceedings (cont)                                         AR20140016778



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