IN THE CASE OF:	  

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015284 


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, in effect, that his home of record (HOR) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Texas.

2.  He states he reenlisted on 4 November 1987 in Texas.  He needs his DD Form 214 to reflect Texas for educational purposes.

3.  He provides his DD Form 214.

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 Regular Army (RA) on 27 November 1984.  His HOR listed on the enlistment contract was Gary, IN and the place of enlistment was Chicago, IL. 

3.  On 5 November 1987, he reenlisted in the RA.  His HOR was listed as Killeen, TX and his place of enlistment/reenlistment was listed as Fort Hood, TX.

4.  On 21 June 1990, he was discharged under honorable conditions (general) and credited with completing 5 years, 6 months, and 25 days of active duty service.  His DD Form 214 shows in:

* Item 7a (Place of Entry into Active Duty) Chicago, IL
* Item 7b (HOR) Gary, IN

5.  Army Regulation 601-280 (Army Retention Program) states the HOR is the place recorded as the home of the Soldier when entered into the current tour of active duty.  It is not necessarily the legal domicile as defined for income tax purposes.  Effective 1 January 1987, HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s HOR at the time of his enlistment in the RA was Gary, IN.  The HOR can only be changed if there is a break in service of more than one day, or to correct an error.  The fact that he reenlisted in TX in 1987 is not sufficient justification to correct his records to show his HOR as TX.

2.  Further, the evidence of record verifies that he entered active duty in Chicago, IL.  There is no provision to add the place of reenlistment on the DD Form 214.  Therefore, his DD Form 214 is correct as constituted. 

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)                                         AR20130015284





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ABCMR Record of Proceedings (cont)                                         AR20130015284



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