IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000459


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Superior, WI."

2.  The applicant states he did not notice the error until he applied for benefits.

3.  The applicant provides copies of his high school transcript and a Tax Roll Worksheet from the Wisconsin Department of Revenue.

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 on 18 December 1989 and the Regular Army on 13 February 1990.  
3.  His record contains his original DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and allied documents, including his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) series – minus his original DD Form 1966/1, a copy of which is found on his official military personnel file (OMPF).

	a.  Item 3 (HOR) of his DD Form 4 contains the entry "Post Office Box XXX, King Salmon, AK  99613-0000";

	b.  Item 4 (Place of Enlistment/Reenlistment) of his DD Form 4 shows he enlisted at the Minneapolis, MN Military Entrance Processing Station (MEPS);

	c.  Item 4 (Current Address) of his DD Form 1966/1 contains the entry "XXXX Hill Ave, Superior (Douglas [county]) WI 54880";

   d.  Item 5 (HOR Address) of his DD Form 1966/1 contained the same entry that appears in item 4 of this form; however, for unknown reasons, that hand-written entry was lined out and was replaced by the entry "PO Box XXX, King Salmon (Bristol Bay [borough]) AK";
   
   e.  Item 16 (Valid Driver's License) of his DD Form 1966/1 shows at the time of his initial enlistment, he maintained a valid State of Alaska driver license;
   
   f.  Item 25 (Residences) of his DD Form 1966/2 contains the addresses of his residences during the period November 1984 to present (December 1989).   
   
* from September 1988 through June 1989, the applicant resided in Superior, WI, at XXXX Hill Ave 
* from June 1989 until October 1989, the applicant resided in King Salmon, AK at an unknown physical address; however, he listed PO Box XXX as the residence address
* from October 1989 to present (December 1989), the applicant resided in Superior, WI, at XXXX Hill Ave

g.  Item 27 (Relatives) of his DD Form 1966/2 shows:

* his father resided at the same address the applicant listed as his residence in item 25, during the periods September 1988 through June 1989 and October 1989 to present
* his mother resided at the same address the applicant listed as his residence in item 25, during the periods June 1989 through October 1989 

4.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 71D (Legal Specialist).  

5.  He was promoted to the rank/grade of specialist/E-4 on 1 June 1993.

6.  He reenlisted in the Regular Army on 24 June 1993.  Item 3 of his                 DD Form 4 contains the entry "P.O. Box XXX, King Salmon, AK  99613."
 
7.  He was honorably released from active duty on 5 November 1996, after completing 6 years, 8 months, and 23 days of net active service.  The              DD Form 214 he was issued shows in:

* Item 7a (Place of Entry into Active Duty), the entry "Minneapolis, MN"
* Item 7b (HOR at Time of Entry), the entry "PO Box XXX, King Salmon, AK  99613"
* Item 19a (Mailing Address after Separation), the entry "XXX 24th Ave East, Superior, WI  54880"

8.  He provides copies of his high school transcript and a Tax Roll Worksheet from the Wisconsin Department of Revenue, which show he was a resident of Superior, WI prior to his enlistment in the Regular Army.

9.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the         DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

10.  Paragraph 2-4h(7) of Army Regulation 635-5 provided that Item 7a of the  DD Form 214 was intended to document the city, state, and zip code where the Soldier entered active duty, and Item 7b documented the Soldier's HOR.  A Soldier's HOR is defined as their HOR at the time of their commissioning, appointment, or enlistment, or upon being ordered to a tour of active duty, and it cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I).  HOR is not always the same as the legal domicile, as defined for income tax purposes.  A Soldier's legal domicile may change during their career.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his HOR as "Superior, WI" was carefully considered.  

2.  His DD Form 214 shows his HOR as King Salmon, AK.  It appears he resided there for a brief period prior to his enlistment, and he obtained a valid State of Alaska driver license.  

3.  He moved back to Superior, WI approximately 2 months prior to his enlistment in the Delayed Entry Program.  His enlistment documents show he lived in Superior, WI at the time he enlisted.  

4.  It appears he initially listed his Superior, WI address as his HOR address on his DD Form 1966/1; however, for unknown reasons, that entry was lined out and was replaced by the entry "PO Box XXX, King Salmon (Bristol Bay) AK."   

5.  The applicant listed his HOR on his enlistment documents as King Salmon, AK, despite residing at the time in Superior, WI.  Since it is not clear which address he considered to be his home at the time of his enlistment, there is no basis to conclude the address listed is in error. 

6.  Army Regulation 635-5 defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty.  The applicant's enlistment contract confirms his HOR, at the time of his enlistment, was King Salmon, AK; therefore, it appears his HOR was accurately reflected on his DD Form 214 and there is no basis to change item 7b.

7.  The applicant offered no explanation for the change in his HOR as represented in his enlistment contract.  Therefore, barring further explanation and evidence that shows his HOR was incorrectly represented at the time of his enlistment, there is an insufficient basis to grant the requested relief at this time. 

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)                                         AR20100022014



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ABCMR Record of Proceedings (cont)                                         AR20150000459



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