BOARD DATE:	  1 October 2015 

		DOCKET NUMBER:  AR20150000696 


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 his proper Home of Record (HOR) and his award of the Army Commendation Medal with "V" Device for actions on 13 September 2008.

2.  The applicant states, in effect, that an administrative oversight resulted in the erroneous entry for his HOR on his DD Form 214 and that his Army Commendation Medal with "V" Device was not finalized prior to his departure so it was mailed to him.

3.  The applicant provides:

* DD Forms 1966/1-4 (Record of Military Processing – Armed Forces of the United States)
* DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 638 (Recommendation for Award)
* DA Form 4980-14 (Army commendation Medal Certificate)
* 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 on 9 April 2005 with a projected date for entry on active duty in the Regular Army of 21 April 2005.  His DD Form 1966/1 shows an address in Newark, OH in item 3 (Current Address) and item 4 (HOR Address).  Item 3 (HOR) of the applicant's DD Form 4/1 also shows the same address in Newark, OH.  

3.  His record contains a DA Form 4980-14 which shows he was awarded the Army Commendation Medal for meritorious service from 27 February 2006 to 27 February 2007.  The authority for this award is Headquarters, 1st Combat Support Brigade (Maneuver Enhancement (ME)), Fort Polk, LA, Permanent Order Number 114-05.

4.  His record contains a DA Form 4980-14 which shows he was awarded the Army Commendation Medal for meritorious service from 7 July 2008 to 30 June 2009.  The authority for this award is Task Force Duke, Jalalabad, Afghanistan, Permanent Order Number 081-160, dated 22 March 2009.

5.  The applicant provides a DA Form 638 which shows he was awarded the Army Commendation Medal with "V" Device for valor from 13 September 2008 to 13 September 2009.  The authority for this award is shown as Permanent Order Number 178-451, dated 27 June 2009.

6.  The applicant provides a DA Form 4980-14 which shows he was awarded the Army Commendation Medal with "V" Device for exceptionally valorous performance during combat operations on 13 September 2008.  The authority for this award is Task Force Duke, Jalalabad, Afghanistan, Permanent Order Number 178-451, dated 27 June 2009.

7.  The applicant's record is void of any indication that he changed his HOR from the address in Newark, OH at any time during his period of service.



8.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 28 September 2009.  The DD Form 214 issued to him at the time of his separation shows in:

* item 7b (HOR at Time of Entry), an address in Colorado Springs, CO
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), in part, that he was awarded the Army Commendation Medal (2nd Award)

9.  Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time.  A temporary address will not be entered.

10.  The Joint Federal Travel Regulation (JFTR) states 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 the 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.  It may not be a place selected for the convenience of the Soldier.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It also provides that the awards and decorations for all periods for the Soldier being separated will be entered in item 13 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows the applicant designated an address in Newark, OH as his HOR at the time or his enlistment.  The applicant's record is void of any indication that he changed his HOR from the address in Newark, OH at any time during his period of service.  However, his DD Form 214 shows an erroneous address in item 7b.

2.  Evidence shows the applicant was awarded the Army Commendation Medal (3rd Award) with "V" device by permanent orders.  However, his DD Form 214 only shows award of the Army Commendation Medal (2nd Award).

BOARD VOTE:

____x____  ___x_____  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry from item 7b of his DD Form 214 and replacing it with the address in item 3 of his DD Form 4/1 dated 9 April 2005;

	b.  deleting the Army Commendation Medal (2nd Award) from item 13 of his DD Form 214; and

	c.  adding the Army Commendation Medal (3rd Award) with "V" Device  to item 13 of his DD Form 214. 



      _______ _   z_______   ___
               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)                                         AR20150000696





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ABCMR Record of Proceedings (cont)                                         AR20150000696



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