BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160002723 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160002723 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. BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160002723 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Texas instead of Florida. 2. She states her legal residence was listed as Texas for the purpose of transporting her household goods to her permanent duty station. 3. She provides: * Enlistment/Reenlistment Document * DA Form 2-1 (Personnel Qualification Record - Part II) * DD Form 2648 (Preseparation Counseling Checklist), dated 4 June 2003 * 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 Delayed Entry Program on 22 November 1995 and entered active duty on 30 January 1996. The HOR listed on her enlistment contract is Callahan, FL and the place of enlistment is Jacksonville, FL. 3. On 22 January 2001, she reenlisted in the Regular Army (RA) and the HOR listed on her enlistment/reenlistment contract is Callahan, FL. Army Europe (Germany) is listed as her place of reenlistment. 4. On 21 April 2004, she was honorably discharged from active duty and she was credited with completing 8 years, 2 months, and 22 days of active service. Her DD Form 214 shows in: * Item 7a (Place of Entry into Active Duty) Jacksonville, FL * Item 7b (HOR) Callahan, FL REFERENCES: 1. Army Regulation 635-5 (Personnel Separations), in effect at the time, provided the policies and procedures for separation documents. It stated the HOR would be entered at the time of entry into active duty as shown on the enlistment or induction record regardless of the place physically located at the time of entry on active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Travel Regulations (JFTR), volume 1, Appendix A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career. 2. The JFTR, Appendix A, Part 1 provides that the HOR is the place recorded as the individual’s 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 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. 3. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 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. 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 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. DISCUSSION: 1. By 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. The evidence of record confirms the applicant's HOR at the time of enlistment in the RA was Callahan, FL. Additionally, she served continuously in the RA without a break in service through her discharge on 21 April 2004. As such, her DD Form 214 is correct as constituted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002723 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002723 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2