IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024164 


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 and mailing address after separation as Columbus, Ohio.

2.  The applicant states he was not a resident of Virginia at the time of his entry on active duty.

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.  On 20 November 2000, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for 8 years.  His corresponding DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his address in Newport News, Virginia, in item 3 (Home of Record).  The applicant signed the form indicating he had carefully read this document.

3.  On 9 January 2001, the applicant enlisted in the Regular Army for 3 years.

4.  On 7 October 2003, the applicant reenlisted in the Regular Army for 2 years.  His corresponding DD Form 4 shows his address in Newport News, Virginia, in item 3.  The applicant signed the form indicating he had carefully read this document.

5.  On 30 April 2006, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).  He had attained the rank of sergeant/pay grade E-5 and had completed 5 years, 3 months, and 22 days of creditable active duty service.

6.  Item 7b (Home of Record at Time of Entry) and item 19a (Mailing Address after Separation) of the applicant's DD Form 214 both show his Newport News, Virginia, address.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.

	a.  It states a Soldier's initial enlistment contract is the source document for the home of record entry in item 7b of the DD Form 214.  It further states, "Enter the street, city, state and zip code listed as a Soldier's home of record."  "Home of record" is the place recorded as the home of record of a Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day.  The home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

	b.  It also states the Soldier will provide his mailing address after separation.  This information is to be entered in item 19a of the DD Form 214.  It must be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his home of record and mailing address after separation as Columbus, Ohio.

2.  The applicant's DD Forms 4 clearly show the applicant provided Newport News, Virginia, as his home of record at the time of his enlistment in 2000 and again when he reenlisted in 2003.

3.  The applicant's DD Form 214 shows the same address for his home of record and mailing address after separation as indicated on both of his DD Forms 4.

4.  There is no apparent error or injustice.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100024164



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024164



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1