IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002307
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 item 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his HOR as 6XXX Wxxxxxx Drive, Arlington, TX, vice 4XXX Hxxxxxx Road, Alton, IL.
2. The applicant states he had submitted this request several times over the past 20 years and he cant seem to get anyone to change it. He was born in TX, raised in TX, and lives in TX. He joined the Army from IL when he was visiting his grandmother and that is why his DD Form 214 shows his HOR as 4XXX Hxxxxxx Road, Alton, IL. He requested the change upon his retirement and was told nothing could be done at that time and he could request the change after he retired.
3. The applicant provides no additional evidence.
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 (USAR) on 11 July 1990. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 11 July 1990, shows his HOR as 3xx E Drive, E Alton, IL. He authenticated this form by placing his signature in the appropriate block on that date.
3. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 11 July 1990, shows he was born in TX and had attended high school in IL from August 1986 to July 1990. He was subsequently discharged from the USAR for the purpose of enlisting in the Regular Army (RA).
4. On 26 March 1992, he enlisted in the RA. His DD Form 4, dated 26 March 1992, shows his HOR as 4XXX Hxxxxxx Road, Alton, IL. He authenticated this form by placing his signature in the appropriate block on that date.
5. He was honorably retired on 31 October 2011 and he was placed on the Retired List on 1 November 2011. Item 7b of the DD Form 214 he was issued shows his HOR as 4XXX Hxxxxxx Road, Alton, IL.
6. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation defines the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty (emphasis added). The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the member.
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. 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 states in item 7b of the DD Form 214 enter the HOR at time of entry on active duty. The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. By law and regulation the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.
2. In this case, the evidence of record confirms the applicant identified his HOR as 4XXX Hxxxxxx Road, Alton, IL, when he enlisted in the RA. Accordingly, when his DD Form 214 was prepared his HOR was correctly listed as 4XXX Hxxxxxx Road, Alton, IL. There is neither an error nor an injustice or a reason to change the HOR listed on his DD Form 214.
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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