BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000788 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 BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000788 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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000788 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 the home of record (HOR) listed on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to read "Montgomery, Alabama." 2. The applicant states, in effect, he is a native of the State of Alabama. He entered the military from the State of Georgia; however, he was not born there. He believes a recruiter or clerk incorrectly assumed he was born in Georgia since, at the time, a certified birth certificate was not available. He had a break in service and had noticed the error for years. He feels the error should be corrected to reflect where he is really from as a proud representative of the State of Alabama. In addition, the State of Alabama Department of Veterans Affairs (VA) has an education program he would like to have his children pursue. 3. The applicant provides: * Certificate of Live Birth * 2 DD Forms 214 * Orders 326-02 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 records contain: a. DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 2 August 1976. Item 3 (HOR) lists "Carrollton (Carroll), Georgia 30117." Item 8 (Present Address) lists "Rt. 7 Carrollton (Carroll), Georgia 30117." b. DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 3 August 1976. Item 5 (HOR) lists "CARROLLTON GA." 3. The applicant enlisted in the Regular Army (RA) on 24 August 1976. On 23 August 1979, he was honorably relieved from active duty after completing 3 years of total active service. Item 8c (HOR at Time of Entry into Active Service) of the DD Form 214 he was issued contains the entry "Rt 7 Carrollton, GA 30117." 4. After a break in service, the applicant enlisted in the RA on 4 December 1979. His records contain: a. DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 16 November 1979. Item 3 (Current Address) lists "413 Calnal St., Durham, Durham, NC 27701." Item 4 (HOR) lists "Durham, Durham, NC 27701." b. DD Form 4, dated 26 November 1979. Item 5 (HOR) lists "Durham, NC 27701." 5. The applicant reenlisted in January 1983, while stationed at Fort McClellan, AL. His DD Form 4 shows he listed his HOR as Montgomery, AL. However, as this was a reenlistment, there was no break in service of at least one full day. 6. The applicant retired on 31 December 1996. Item 7b (HOR at Time of Entry) of the DD Form 214 he was issued lists his HOR as "Durham, NC." 7. The applicant provides a copy of his Certificate of Live Birth which shows he was born in Birmingham, AL. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations), then in effect, provided the policies and procedures for separation documents. It stated, in pertinent part, that the HOR would be entered at the time of entry into active duty as shown on the enlistment or induction record regardless of the place physically located at the time of entry on active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I). 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 601-210 (Active and Reserve Components Enlistment Program) provides the current policies and procedures for the preparation of enlistment contracts. It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment. A temporary address will not be entered. 3. 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. Only if a break in service exceeds one full day can the HOR be changed by the member. 4. The JFTR provides, 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 the time of entry into the military service. However, there is authority to correct a HOR if erroneously entered in 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. It may not be a place selected for the convenience of the Soldier. 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 upon his enlistment in the RA in August 1976, he listed his HOR as "Carrollton, Georgia." Documents contained in his record show the applicant resided in Carrollton, Georgia. 3. After a break in service of greater than 1 day, the applicant enlisted in the RA in December 1979. The evidence of record shows he changed his HOR from "Carrollton, Georgia" to "Durham, NC 27701." Documents contained in his record show the applicant resided in Durham, NC. There is no evidence of error in the HOR listed on either of his DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000788 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000788 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2