IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007149 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 Somerville, TN, vice Sommerville, IN. 2. The applicant states her HOR listed on her DD Form 214 is wrong; she thinks it was a human error. She entered the military in Indianapolis, IN, but she was born in Somerville, TN. 3. The applicant provides her DD Form 214; a letter, dated 3 November 2003, from the Social Security Administration; and a letter, dated 19 November 2014, from the Department of Human Services, Memphis, TN. 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 military records are not available to the Board for review. It is not known if her records are lost or were destroyed. However, the applicant provided her DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 10 January 1979 and served through several reenlistments and/or extensions. 4. She was honorably discharged on 22 September 1991. The DD Form 214 she was issued shows the following entries in: * item 7a (Place of Entry into Active Duty) - Indianapolis, IN * item 7b (HOR at Time of Entry) - Sommerville, IN 5. 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. 6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states in item 7b of the DD Form 214 enter the HOR at time of entry on active duty. 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. DISCUSSION AND CONCLUSIONS: The available record shows the applicant entered active duty in 1979 in Indianapolis, IN, and her HOR at that time was Sommerville, IN. The HOR is not the place a Soldier was born; rather it is the place the Soldier was living at the time of entry on active duty. Unfortunately, in the absence of documentary evidence of an error, it must be presumed that what the Army did in her case was correct and her HOR at the time she entered active duty is properly shown on her DD Form 214. 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 that 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) AR20150007149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1