IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002005
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Houston, TX instead of Sacramento, CA.
2. The applicant states she entered the military in Sacramento, CA; however, her legal residency and HOR is Houston, TX. This error has her at a disadvantage. There are no funds available to her from the GI Bill for education. In the State of TX she could attend college under the Hazlewood Act. With the error on her DD Form 214 she is unable to receive education and other benefits.
3. The applicant provides:
* DA Form 3647 (Inpatient Treatment Record)
* DD Form 214
* Birth Certificate
* Drivers license
* income tax information
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. On 24 July 1984, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program. The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) initiated at that time shows her HOR as Sacramento, CA, in item 3 (Home of Record). Item 6 (Place of Enlistment/ Reenlistment) shows she enlisted at the Oakland Military Entrance Processing Station (MEPS), Oakland, CA.
3. On 23 October 1984, she was discharged from the USAR, and she enlisted in the Regular Army. Page 3 of her DD Form 4 shows the oath of enlistment was administered by an officer at the Oakland MEPS, Oakland, CA.
4. On 14 November 1991, she was honorably released from active duty. Item 7b (HOR at Time of Entry) shows the entry "3733 39th Street, Oakland, CA."
5. The Joint Federal Travel Regulation, Appendix A, Part 1 provides that the HOR is the place recorded as the individuals home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. 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.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It further stated that for item 7b on the DD Form 214 to enter the street, city, state and zip code listed as a Soldiers HOR on his or her initial enlistment contract.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be changed to show her HOR as Houston, TX instead of Sacramento, CA was carefully considered.
2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. Any correction to a HOR must be based on evidence that a bona fide error was made.
3. In this case, the evidence of record shows her HOR at the time of her enlistment and her entry on active duty was in Sacramento, CA.
4. In view of the foregoing, there is no basis for granting the applicant's 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.
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ABCMR Record of Proceedings (cont) AR20150002005
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