IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004708 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 and place of birth as Houston, TX. 2. The applicant states he is applying for Hazelwood Act benefits in the State of Texas for his children to attend college. 3. The applicant provides a copy of his birth certificate. 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 29 April 1969, the applicant underwent a pre-induction medical examination. Item 13 (Place of Birth) of his Standard Form 88 (Report of Medical Examination) shows his place of birth as Houston, TX. 3. On 14 August 1969, he enlisted in the U.S. Army Reserve (USAR) Control Group under the Delayed Entry Program. His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 14 August 1969, shows in: * item 23 (Place of Birth) – Houston, TX * item 41 (Home of Record) – Montgomery, AL 4. Armed Forces Examination and Entrance Station-Montgomery Special Orders Number 156, dated 14 August 1969, ordered him to active duty effective 2 September 1969. The special instructions state, "You have given your home of record as shown below. If you should change your address, you will notify the appropriate U.S. Army Recruiting Station immediately." His home of record is shown as Montgomery, AL. 5. On 1 September 1969, he was honorably discharged from the USAR for immediate enlistment in the Regular Army. 6. On 2 September 1969, he enlisted in the Regular Army. His DD Form 4, dated 2 September 1969, shows in: * item 23 (Place of Birth) – Houston, TX * item 41 (Home of Record) – Montgomery, AL * item 48 (unnamed) – Warrant Officer Flight Training Program Enlistment Option 7. Headquarters, U.S. Army Aviation Center and Fort Rucker, Special Orders Number 250, dated 22 September 1970, ordered him to active duty as a Reserve warrant officer not later than 6 November 1970. These orders show his home of record as Montgomery, AL. 8. On 12 October 1970, he underwent a Class II medical examination for warrant officer qualification. Item 13 of his Standard Form 88 shows his place of birth as Houston, TX. 9. On 18 October 1970, he was honorably discharged to accept an appointment as a Reserve warrant officer. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows in: * item 8 (Place of Birth) – Montgomery, AL * item 21 (Home of Record at the Time of Entry) – Montgomery, AL 10. On 18 October 1970, he completed a DA Form 61 (Application for Appointment) wherein he listed Houston, TX, as his place of birth in item 9 (Place of Birth). 11. On 19 October 1970, he was appointed as a Reserve warrant officer one with concurrent orders to active duty. 12. On 10 November 1976, he submitted a request for immediate release from active duty. His request was approved on 16 November 1976. 13. Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 98-64, dated 19 November 1976, released him from active duty and assigned him to the USAR Control Group (Reinforcement) effective 30 November 1976. Item 8c (Home of Record at Time of Entry into Active Service) of his DD Form 214 (Report of Separation from Active Duty) shows his home of record as Montgomery, AL. 14. On 20 October 1977, he was honorably discharged from the USAR. 15. Item 25 (Home of Record/Address) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows his home of record as Montgomery, AL. 16. On 2 December 1978, he completed a DD Form 398 (Statement of Personal History) wherein he listed his place of birth as Houston, Harris County, TX, in item 5 (Place of Birth). 17. Headquarters, Fifth U.S. Army, Orders 129-20, dated 2 July 1980, appointed him as a Reserve warrant officer effective 25 April 1980. 18. On 24 October 1988, he retired in the rank of chief warrant officer three. 19. He provided a copy of his birth certificate that shows his place of birth as Houston, Harris County, TX. 20. His records are void of and he failed to provide evidence showing he was issued a DD Form 214 for active duty service after 20 October 1977. 21. Army Regulation 635-5 (Separation Documents), in effect at the time of his separation on 18 October 1970, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The version in effect at the time did not provide for entering a Soldier's home of record on the DD Form 214. It stated it was self-explanatory for item 8 and for item 20, for enlisted personnel to enter the city and state indicated on his or her active duty orders or enter the place at which the enlistment was accomplished. 22. Army Regulation 635-5, in effect at the time of his 30 November 1976 separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated item 8 was self-explanatory. Later regulations stated for officers, to enter home address shown on orders bringing officer on his or her current tour of active duty. 23. Army 601-280 (Army Reenlistment Program) states the home of record 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 record 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 home of record be changed by the member. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was born in Houston, TX. His DD Form 214 for the period ending 18 October 1970 should be corrected to show his place of birth as Houston, TX. 2. Records show he entered active duty as an enlisted Soldier in Montgomery, AL. His status changed from enlisted to warrant officer without a break in service. His home of record is correctly shown as Montgomery, AL, on both his DD Forms 214 ending 18 October 1970 and 30 November 1976. 3. The evidence of record shows he did not have a break in service until after 20 October 1977 and there is no evidence he was issued a DD Form 214 for active duty service performed after that date. 4. In view of the aforementioned evidence, there is an insufficient basis to change his DD Forms 214 to show his home of record as Houston, TX. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 18 October 1970 to show his place of birth as Houston, TX. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his home of record to Houston, TX. ____________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) AR20150004708 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004708 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1