IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003811
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 home of record (HOR) as TX instead of GA.
2. The applicant states his HOR is incorrect. During his reenlistment for assignment to Fort Sam Houston, TX the noncommissioned officer in charge made an error due to the work load and personnel shortages.
3. The applicant provides:
* State of TX Drivers License
* State of TX Private Security Registration Card
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) (Delayed Entry Program) on 5 December 1979. The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) initiated at that time shows his HOR as Morris, GA, in item 5 (HOR). Item 6 (Place of Enlistment/ Reenlistment) shows he enlisted at the Armed Forces Examining and Entrance Station (AFEES), Atlanta, GA.
3. On 24 June 1980, he was discharged from the USAR, and he enlisted in the Regular Army. Page 4 of his DD Form 4 shows the oath of enlistment was administered by an officer at the AFEES, Atlanta, GA.
4. On 29 December 1985, he was honorably released from active duty. Item 6 (Place of Entry into Active Duty) shows the entry "Atlanta, GA."
5. The version of the DD Form 214 he was issued did not have a place to the list the HOR; however, block 6 shows the place of enlistment.
6. His enlistment documents establish that his HOR at the time of his enlistment was Morris, GA, he enlisted in the DEP in Atlanta, GA, and he entered active duty from Atlanta, GA. There is no documentation that shows he was a resident of TX at the time of his enlistment into the Regular Army.
7. 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.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon their retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It provided that with respect to the completion of block 6, a Soldier's initial enlistment contract or appointment document was the source document for determining the location from which the Soldier entered into active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contends that his DD Form 214 should be changed to show his HOR as TX instead of GA was considered; however, the version of the DD Form 214 he was issued did not have a place to list the HOR.
2. Evidence shows he enlisted in the DEP in Atlanta, GA, and he entered into the Regular Army from Atlanta, GA. It appears the applicable entry in block 6 of his DD Form 214 is consistent with his DD Form 4.
3. The evidence of record show his HOR at the time of his enlistment and his entry on active duty was in Atlanta, GA.
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) AR20150003811
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ABCMR Record of Proceedings (cont) AR20150003811
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