BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160002738 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: 11 July 2017 DOCKET NUMBER: AR20160002738 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: 11 July 2017 DOCKET NUMBER: AR20160002738 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 the home of record (HOR) listed on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show "El Paso, Texas." 2. The applicant states he reenlisted on 3 October 1998 while stationed at Fort Bliss, TX. He thought this would also change his HOR since he remembers requesting the action through his unit's Personnel Actions Center. He has remained a resident of Texas since his discharge and he has maintained a Texas driver's license and automobile registration throughout his previous deployments and reassignments. As a long-time resident of the State of Texas, he is attempting to use the Texas Hazlewood Act benefit for his children's education. 3. The applicant provides: * DD Form 214 * DA Form 1965 (Oath of Extension of Enlistment) * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) * DD Form 93 (Record of Emergency Data) * Service Member's Group Life Insurance Election Certificate – Page 2 * DD Form 2648 (Preseparation Counseling Checklist) * Enlisted Record Brief * Orders 259-0021 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's records contain his DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 4 May 1994. Item 4 (Current Address) lists "XXX S K____ ST, KENTWOOD MI 49548." Item 5 (HOR) lists "KENTWOOD MI  49548." 3. The applicant's records contain his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 4 May 1994. Item 3 (HOR) lists "KENTWOOD MI." 4. The applicant enlisted in the Regular Army (RA) on 4 May 1994. 5. The applicant reenlisted on 3 October 1996 and 16 March 2001. These were immediate reenlistments and there were no breaks in service of at least 1 full day. Both DD Forms 4 show he listed his HOR as Kentwood, MI. 6. The applicant reenlisted again on 26 October 2004. His DD Form 4 shows he listed his HOR as "XXXX G____ DR, EL PASO, TX  79924-0000." This was an immediate reenlistment. There was no break in service of at least 1 full day. 7. On 23 September 2005, he was honorably discharged. Item 7b (HOR at Time of Entry) of his DD Form 214 contains the entry "XXX S K____ ST, KENTWOOD MICHIGAN  49548." REFERENCES: 1. Army Regulation 635-5 (Personnel Separations), then in effect, 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 also provides that there is authority to correct a HOR if erroneously entered in 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. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the current policies and procedures for the preparation of enlistment contracts. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment. A temporary address will not be entered. 4. 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 shows that upon his enlistment in the RA in May 1994, he listed his HOR as "KENTWOOD MI." Documents contained in the applicant's record show he resided in Kentwood, Michigan. Despite his subsequent reenlistment on 26 October 2004, in which he listed his HOR as "XXXX G____ DR, EL PASO, TX  79924-0000," this was an immediate reenlistment and there was no break in service of at least 1 full day. 3. The evidence shows the applicant served continuously in the RA without a break in service through his discharge on 23 September 2005. Accordingly, his DD Form 214 was properly prepared upon his discharge by listing the HOR as Kentwood, MI. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002738 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2