IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140019817
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), for the period ending 24 October 2005 to show his home of record (HOR) as an address in Irving, TX.
2. The applicant states:
* he was not properly advised during the recruitment process by his
recruiter
* he was instructed to give the address where he received mail, not
the address at which he had been living
* he was young and didnt have proof of address because he was staying at
his sister's
3. The applicant does not provide any supporting documentation.
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. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the Louisiana Army National Guard (LAARNG) on 23 June 2000.
3. His DD Form 214 shows he was ordered to active duty 26 April 2004 in support of Operation Iraqi Freedom, and was honorably released from active duty service on 24 October 2005. His DD Form 214 contains the following information:
a. item 7b (HOR at Time of Entry) shows an address in Lake Charles, LA; and
b. item 19a shows his mailing address after separation as an address in Jacksonville, MS.
4. On 22 June 2006, he was honorably discharged from the LAARNG and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 19 (Mailing Address after Separation) of his NGB Form 22 shows an address in Leesville, LA.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. The version of this regulation in effect at the time provided the separating Soldier's a HOR was to be entered in item 7b.
6. The Joint Federal Travel Regulation provides, in pertinent 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 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. The applicant's contention that his HOR should be corrected to show an address in Irving, TX was carefully considered.
2. By his own admission, he was in a transient status during his period of service and was living with his sister. Both his NGB Form 22 and his DD Form 214 accurately reflect the addresses he provided when he entered the LAARNG and when he was ordered to active duty.
3. The fact that he now states he lives in Texas does not change the conditions and circumstances that existed at the time his service records were created. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of documentary evidence showing an error in the HOR recorded in his records, there is no basis for granting 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) AR20120017472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140019817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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