IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020053
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 that his DD Form 214 (Certificate of Release or Discharge) be changed to reflect a new home of record (HOR) address in Crowley, Texas, and his nearest relative as his spouse.
2. The applicant states, in effect, that his HOR and nearest relative as depicted on his DD Form 214 have changed.
3. The applicant provides no additional documents with his application.
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 in Dallas, Texas, on 18 September 1985 for a period of 2 years. His HOR at the time of his enlistment was recorded as Fort Worth, Texas.
3. He completed his one-station unit training as a motor transport operator at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia for his first duty assignment.
4. On 27 July 1987 he was transferred to Germany where he remained until he was honorably released from active duty (REFRAD) on 18 August 1990 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows his HOR as Fort Worth, Texas, and his nearest relative as his father in Saginaw, Michigan.
5. The Joint Federal Travel Regulation (JFTR), volume I (Uniformed Service Members), provides in appendix A that the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. Only if a break in service exceeds 1 full day may the member change the HOR. However, an HOR may be changed in those instances where a member can show that through a bona fide error, the place originally named at time of current entry into the service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the actual home of the member upon entering the service and not a different place selected for the member's convenience.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists in official records as of the effective date of separation. Changes to personal information occurring subsequent to the effective date of the DD Form 214 are not normally authorized for entry on that form.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicant's enlistment he designated an address in Fort Worth, Texas, as his HOR. He has failed to show through the evidence of record or the evidence submitted with his application that his HOR is in error.
2. The JFTR provides that an HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier. Accordingly, there appears to be no basis to change his HOR.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
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) AR20140020053
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ABCMR Record of Proceedings (cont) AR20140020053
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