IN THE CASE OF: 

		BOARD DATE:	    6 February 2014

		DOCKET NUMBER:  AR20130010834 


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 Port Lavaca, Texas.

2.  The applicant states:

* his HOR should be Port Lavaca, Texas
* he joined the Army with a buddy in Texarkana
* the recruiter drove to South Texas to pick him up

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.  He enlisted in the Regular Army on 1 May 1996 for a period of 3 years.  Item 3 (HOR) of his enlistment contract shows Nashville, Arkansas.  He trained as a fire support specialist.  His National Security Questionnaire shows he had lived in Nashville, Arkansas since March 1995 and had not lived in Port Lavaca, Texas since September 1992.

3.  He reenlisted on 24 June 1998 for a period of 4 years.  Item 3 (HOR) of his reenlistment contract shows an address in Nashville, Arkansas.  He was honorably discharged on 25 February 2001 by reason of disability (severance pay).  Item 7b (HOR at Time of Entry) of his DD Form 214 shows an address in "Nadhville," Arkansas.

4.  Applicable Army regulations provide that the HOR 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.

5.  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 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.

DISCUSSION AND CONCLUSIONS:

The JFTR provides that an HOR may only be corrected if a bona fide error can be established.  The applicant has provided insufficient evidence to show his permanent home was not Nashville, Arkansas, at the time he enlisted.  Therefore, there is an insufficient basis upon which to change his HOR.

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 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)                                         AR20130010834



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ABCMR Record of Proceedings (cont)                                         AR20130010834



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