IN THE CASE OF: BOARD DATE: I November 2016 DOCKET NUMBER: AR20150014619 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 IN THE CASE OF: BOARD DATE: I November 2016 DOCKET NUMBER: AR20150014619 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. IN THE CASE OF: BOARD DATE: I November 2016 DOCKET NUMBER: AR20150014619 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) for the period ending 31 January 2006 to show his place of entry into active duty as Fort Sam Houston, TX, and his home of record (HOR) as his address in San Antonio, TX. 2. The applicant states his DD Form 214 for the period ending 31 January 2006 shows the wrong place of entry on active duty and HOR. The DD Form 214 needs to be amended to show his place of entry as Fort Sam Houston, TX, and HOR as his address in San Antonio, TX, where he entered the Active Guard Reserve (AGR) and retired from the military. His expiration term of service (ETS) from the Regular Army was 21 July 1998. He enlisted in the Army Reserve on 16 June 1998 and his HOR was his address in San Antonio, TX, and place of entry was Fort Sam Houston, TX. His enlistment contract for the Army Reserve shows the correct HOR and place of entry. His final DD Form 214 needs to be amended to reflect the correct information. His HOR and place of entry were not Sherrill, AR. 3. The applicant provides: * self-authored statement * DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes, dated 1 August 1994 * Orders Number 138-0100, dated 18 May 1998 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 June 1998 * Memorandum, subject: Transition Orders, dated 16 June 1998 * DD Form 214 for the period ending 21 July 1998 * DA Form 4187 (Personnel Action), dated 16 December 2004 * DD Form 214 for the period ending 31 January 2006 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 period 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. During the applicant's enlistment processing, he completed a DD Form 1966 (Record of Military Processing), dated 4 November 1982. Section I, item 3 (Current Address) and Item 4 (HOR) contains the entry, "…Sherrill, Jefferson, Arkansas." 3. The applicant's DD Form 4 shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 4 November 1982. Item 5 (HOR) of this form contains the entry, "SHERRILL, AR 72152" and item 6 (Place of Enlistment/Reenlistment) contains the entry, "MEPS [Military Entrance Processing Station] LITTLE ROCK, AR." 4. On 19 January 1983, he was discharged from the USAR DEP and he enlisted in the Regular Army on 20 January 1983. 5. Orders Number 241-8 published by Headquarters, 1st Cavalry Division, Fort Hood, TX on 20 December 1985 reassigned him to separation transfer point for separation on 19 January 1986. These orders show his HOR as Sherrill, AR, and the place of entry on active duty as Little Rock, AR. 6. He was released from active duty on 19 January 1986 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. The DD Form 214 issued for this period shows his place of entry on active duty as Little Rock, AR. 7. He enlisted in the Regular Army on 5 January 1989. His DD Form 4 shows his HOR as Sherrill, AR, and place of enlistment at the MEPS in Little Rock, AR. He was discharged on 23 July 1991 for immediate reenlistment. 8. He reenlisted on 24 July 1991. His DD Form 4 shows his HOR as Sherrill, AR, and place of reenlistment as the 583rd Medical Company (Ambulance), Army Post Office (APO) New York 09457 (Germany). He was discharged on 21 July 1994 for immediate reenlistment. 9. He reenlisted on 22 July 1994. His DD Form 4 shows his HOR as Sherrill, AR, and place of reenlistment as the U.S. Army Medical Department, Fort Hood, TX. 10. He provided Orders Number 138-0100 published by Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston on 18 May 1998 reassigning him to separation transfer point for transition processing on 21 July 1998. These orders show his HOR as Sherrill, AR, and place of entry on active duty as Little Rock, AR. On 16 June 1996, these orders were amended to show he was enlisted and transferred to the USAR Control Group (AGR). 11. His service record contains a DD Form 4 that shows he transitioned for enlistment in the Army Reserve on 16 June 1998. This enlistment contract shows his HOR as San Antonio, TX, and place of enlistment as Fort Sam Houston, TX. 12. He was discharged from the Regular Army on 21 July 1998. The DD Form 214 issued for this period shows his place of entry on active duty as Little Rock, AR and HOR as Sherrill, AR. 13. He was ordered to active duty in an AGR status on 22 July 1998. 14. Orders Number C-09-591362, published by U.S. Army Human Resources Command, St. Louis, MO, on 12 September 2005, reattached him to the transition point at Fort Sam Houston on 1 November 2005. These orders show his HOR and place entered active duty both as Sherrill, AR. His scheduled date of separation as 31 January 2006. 15. On 31 January 2006, he was retired from active duty and transferred to the USAR Control Group (Retired Reserve) on the following day. The DD Form 214 issued for this period shows his HOR and place of entry on active duty as Sherrill, AR. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation states that a Soldier's initial enlistment contract or appointment document is the source for this data, or any approved change by Enlisted Records and Evaluation Center (EREC). This regulation directs the following: a. Enter the city and state where the Soldier entered active duty in item 7a. For overseas addresses include the APO or Fleet Post Office (FPO). b. Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b. c. The HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. d. 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. e. 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 Joint Federal Travel Regulations provide, 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. The Board acknowledges the applicant's contention that his last DD Form 214 shows the wrong place of entry on active duty and HOR. 2. The evidence of record shows upon the applicant's initial enlistment in the USAR DEP on 4 November 1982 he enlisted at the MEPS Little Rock, AR, and he listed his HOR as Sherrill, AR. 3. The evidence of record shows the applicant served in the Regular Army from 20 January 1983 to 19 January 1986 and subsequently served in the USAR to complete his Reserve obligation. His service record does not indicate a break in service. 4. The evidence of record shows the applicant enlisted in the Regular Army on 5 January 1989. His DD Form 4 shows he enlisted at the MEPS Little Rock, AR, and he listed his HOR as Sherrill, AR. He continued to serve on active duty through two reenlistments and was honorably discharged on 22 July 1998. The DD Form 214 issued for this period shows his place of enlistment as Little Rock, AR, and his HOR as Sherrill, AR. 5. The applicant transitioned for enlistment in the Army Reserve on 16 June 1998 and was ordered to active duty in an AGR status on 22 July 1998. His enlistment contract shows the place of enlistment as Fort Sam Houston, TX and his HOR is listed as San Antonio, TX. 6. The governing regulation state the place of enlistment is the place recorded at the time of a Soldier's initial enlistment contract. Although the applicant initially entered active service in MEPS Little Rock, AR, his DD Form 214 for the period ending 31 January 2006 reflects his place of entry on active duty as Sherrill, AR. 7. The regulatory guidance is quite clear that to change the HOR there must be a factual error in the preparation of the entrance forms or a break in service for at least one full day before a Soldier can provide a new HOR for inclusion in his record. His DD Form 214 for the period ending 31 January 2006 reflects his HOR as Sherrill, AR, which is the place recorded as the home of his initial enlistment. 8. He served on active duty from 5 January 1989 until 31 January 2006, and while his component changed from regular Army to USAR AGR, he did not have a break in active duty service during this period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014619 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014619 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2