IN THE CASE OF: BOARD DATE: 29 August 2013 DOCKET NUMBER: AR20130002339 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 Killeen, Texas. 2. The applicant states he got out of the Army in August 2001 and reenlisted in August 2001 for the Active Guard Reserve (AGR). Therefore, he contends that his place of entry was not Lima, Ohio, but rather it was Killeen, Texas. 3. The applicant provides no additional documentation. 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 DD Forms 4 (Enlistment/Reenlistment Document), as filed in the applicant's Army Military Human Resource Record (AMHRR), show: a. 9 November 1989: Enlisted in the U.S. Army Reserve (USAR) for 8 years with an HOR of Lima, Ohio; b. 19 March 1993: Enlisted in the Regular Army (RA) for 4 years with an HOR of Lima, Ohio; c. 14 November 1997: Reenlisted in the RA for 2 years with an HOR of Lima, Ohio; d. 14 May 2001: USAR enlistment for 1 year with an HOR of Killeen, Texas; and e. 28 December 2004: Reenlistment in the USAR for an indefinite period with an HOR of Fort Lewis, Washington. 3. The applicant's record contains two DD Forms 214. a. DD Form 214, for the period 28 August 1990 to 11 August 2001, shows he was discharged from the RA. His HOR is recorded as Lima, Ohio. b. DD Form 214, for the period 12 August 2001 to 31 January 2011, shows he was retired from the USAR. His HOR is recorded as Lima, Ohio. 4. On 31 January 2011, the applicant retired due to sufficient length of service. 5. The Joint Federal Travel Regulation (JFTR) provides that 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 time of entry into the military service. However, there is authority to correct the 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. 6. Army Regulation 601-280 (Army retention Program) states in Table 11-1 (Instructions for Completing DD Form 4) that for USAR Soldiers, the HOR entry will be the permanent address claimed by the Soldier. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his HOR as Killeen, Texas, because he changed it when he reenlisted in August 2001. 2. The evidence of record clearly shows that the applicant had established his HOR as Lima, Ohio from 1989 to 13 May 2001. On 14 May 2001, he then established an HOR of Killeen, Texas when he enlisted in the USAR. 3. However, the evidence of record also shows he was discharged from the RA on 11 August 2001. His DD Form 214 ending on this date shows his HOR as Lima, Ohio. The day after his discharge, his HOR of Killeen, Texas that he established on 14 May 2001, became effective. 4. On 28 December 2004, he reenlisted in the USAR for an indefinite period. This DD Form 4 shows his permanent address in the HOR block as Fort Lewis, Washington. However, in accordance with the JFTR, he was not authorized to change his HOR at this time. Therefore, Killeen, Texas remained his HOR. This is the last documented enlistment/ reenlistment in his records. 5. On 31 January 2011, he retired. His DD Form 214 ending in conjunction with his retirement shows his HOR as Lima, Ohio. This HOR is inconsistent with the last HOR he established on 14 May 2001 when he enlisted in the USAR. 6. In view of the above, the applicant's request to change his DD Form 214 to show Killeen, Texas as his HOR should be granted. 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 showing on his DD Form 214 ending on 31 January 2011 that his home of record is Killeen, Texas. __________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) AR20130002339 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002339 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1