BOARD DATE: 22 June 2017 DOCKET NUMBER: AR20160000641 BOARD VOTE: ____x_____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 June 2017 DOCKET NUMBER: AR20160000641 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Home of Record: Canutillo, Texas" to item 18 of his DD Form 214. ____________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: 22 June 2017 DOCKET NUMBER: AR20160000641 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 1 March 1988, to show "Texas" as his home of record (HOR) at the time of entry into active service. 2. The applicant states: a. He was honorably released from active duty on 1 March 1988 after having completed his enlistment period. The DD Form 214 he received at the time of separation from active duty contains entries in item 6 (Place of Entry on Active Duty) and item 8 (Station Where Separated). However, it does not have a block to indicate his home state when he enlisted. He does not know if this block was added to the form after 1988, but he needs a new DD Form 214 that shows Texas as his home state. b. He was born and raised in El Paso, Texas. After graduating from high school, he worked for a few years in El Paso and later moved to California because of the job market. He enlisted in the Army while in California, but he never registered with that state since he was only there a couple of months and he never gave up his registration with the State of Texas. Since the DD Form 214 he received in 1988 does not have a block for home state, he believes the information was simply omitted. This has become important to him now because he is having to prove that Texas was his home state when he enlisted and the only document the university will accept is the DD Form 214 with the block indicating his home state. c. His son is graduating from high school at the end of this school year. According to the Hazelwood Act, his son is eligible for financial assistance since he served in the U.S. Army. However, the only document the university will accept to determine his son's eligibility is the DD Form 214 indicating his home state. 3. The applicant provides his DD Form 214. 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 enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) at the Los Angeles Military Entrance Station (MEPS) on 16 February 1984. Item 5 (HOR) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows "Canutillo, Texas." Item 22 (Education) of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he attended Canutillo High School from September 1977 to May 1981. Item 23a (Place of Birth) of his DD Form 1966 shows El Paso, Texas. Item 28 (Residences) of his DD Form 1966 shows he lived in Canutillo, TX, from February 1977 to January 1984 and in Cypress, CA, from January 1984 to the present. 3. He was discharged from the DEP on 5 March 1984 for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 6 March 1984. He completed training and he was awarded a communications military occupational specialty. 4. Item 25 (HOR) of his DA Form 2-1 (Personnel Qualification Record – Part II), which was created upon his entry on active duty, listed his HOR as "Canutillo, Texas." He was assigned to the Support Squadron of the 3rd Armored Cavalry Regiment at Fort Bliss, Texas. 5. On 16 February 1988, Headquarters, U.S. Army Air Defense Artillery, Fort Bliss, published Orders 30-8 separating him from active duty. These orders listed his HOR as "Canutillo, Texas." 6. He was honorably released from active duty on 1 March 1988. His DD Form 214 shows in: * item 6 – he entered active duty in Los Angeles, California * item 8 – he was separated from active duty at Fort Bliss, Texas REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established 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. a. The version of the DD Form 214 in effect at the time of the applicant's separation required an entry in item 6 for the place of entry on active duty as well as in item 8 for the station where separated. It did not have a separate block for the HOR. Item 18 (Remarks), however, was used to record mandatory entries and/or entries that were too long for their respective blocks. b. The regulation was revised in 2000 and the version of the DD Form 214 in effect then required that item 7 of the DD Form 214 to show the place of entry on active duty and HOR at the time of entry. Item 7b was revised to show the street, city, state, and zip code listed as the Soldier's HOR. HOR is defined as the place recorded as the HOR of the 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 (Joint Travel Regulations). 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. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 defines 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, 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 HOR be changed by the member. 3. There is authority to correct an HOR if erroneously entered on the record, 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. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. 2. The evidence of record shows that although he enlisted in the DEP in Los Angeles, California, in February 1984 and subsequently enlisted in the RA in March 1984, he listed his HOR as "Canutillo, Texas." 3. The version of the DD Form 214 in effect at the time of the applicant's separation did not have a separate block for the HOR as did later versions. 4. The Board may choose to apply current guidance by adding an entry to item 18 of the applicant's DD Form 214 to record his HOR as "Canutillo, Texas." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000641 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000641 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2