BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20160006336 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: 7 July 2016 DOCKET NUMBER: AR20160006336 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: 7 July 2016 DOCKET NUMBER: AR20160006336 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 records to show his home of record (HOR) as Plano, Texas. 2. The applicant states, in effect, his Enlisted Record Brief (ERB) and his original enlistment contract show his HOR as Springfield, Missouri. While going through the enlistment process he was not aware that his HOR would be shown as the location where he was temporarily living at the time he enlisted in the Army. His original DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he had a Texas driver's license and was a Texas resident. a. As a recruiter, he insures that every recruit's HOR is correct so that others do not have to go through the same problems that he has encountered. b. Even though he enlisted in Missouri, he is still a legal resident of Texas. There is no possible way to have a permanent residence in one state and be registered to vote in another state. 3. The applicant provides copies of his Texas driver license and his DD Form 1966/1. 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, a Regular Army staff sergeant, enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 15 January 2004 and entered active duty on 20 May 2004. 3. His enlistment documents list his address and HOR as Springfield, Missouri, and he provided a Springfield, Missouri, address for his enlistment medical examination. He authenticated these forms with his personal signature. 4. The documents the applicant submitted in support of his application consist of: a. his Texas driver's license showing a Plano, Texas address with an expiration date of 31 August 2013, and b. his DD Form 1966/1 showing his current address and HOR as Springfield, Missouri upon his application for military service. REFERENCES: 1. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation 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 one full day. Only if a break in service exceeds one full day can the home of record be changed by the member. 2. The Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I, states 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. The JFTR provides, in part, 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 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. DISCUSSION: 1. Contrary to the applicant's assertion that he was a resident of Texas and that his HOR was a location in Texas, there is no available evidence to support his claim. His Texas driver’s license is insufficient evidence to show that his enlistment documents were erroneously completed or that a bona fide error occurred in their preparation. In 2004 when he enlisted, he listed both his current address and HOR address as a location in Missouri. He authenticated this form with his signature. 2. As the applicant is still on active duty, the governing directives do not permit a change to his HOR. If he were to have a break in service of at least one day, he would be authorized by regulatory directives to change his HOR at that time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006336 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006336 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2