IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150000072
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, in effect, that his home of record be changed to Texas.
2. The applicant states when he enlisted he lived with his brother in New Jersey. He didnt have an address of his own. Since joining the Army he has lived in Texas when he was not stationed overseas. He owns property and pays taxes in Texas and has nothing to do with New Jersey.
3. The applicant provides copies of documents showing he lives in Texas, including a household insurance policy; a county tax appraisal; a letter from the Department of Homeland Security showing he accepted a position in Texas; a letter of resignation from a Brazoria County, Texas position; a letter offering employment with the U.S. Customs Service South Texas Field Office; a letter from the U.S. Citizenship and Immigration Service; and a DA Form 31 (Request and Authority for Leave) showing he took terminal leave in Killeen, Texas.
CONSIDERTION 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 and entered active duty on
25 February 1997. Item 5 of his DD Form 1966/1 (Record of Military Processing Armed Forces of The United States) lists his home of record as Camden,
New Jersey.
3. He was honorably released from active duty on 24 February 2001 and transferred to the U.S. Army Reserve. Item 7b (Home of Record at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an address in Camden, New Jersey.
4. Army Regulation 635-5 (Separation Documents), then in effect, provided item-by-item instructions for completing a DD Form 214, including item 7b (Home of Record at Time of Entry). It provided that a Soldier's initial enlistment contract or appointment document is the source for this data. It also notes that "Home of Record" is the place recorded as the home of record 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, Volume 1, Appendix A, Part I).
DISCUSSION AND CONCLUSIONS:
1. The home of record is simply the address the Soldier identified as his home when he entered active duty.
2. By regulation, the home of record cannot be changed the individual had a break in service of at least 1 full day. The applicant did not have a break in service, and the evidence shows no error in the home of record recorded in his military records.
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) AR20150000072
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ABCMR Record of Proceedings (cont) AR20150000072
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