BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001121 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: 5 September 2017 DOCKET NUMBER: AR20160001121 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: 5 September 2017 DOCKET NUMBER: AR20160001121 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 his home of record (HOR) be changed from Alabama to Texas on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states this error was due to a temporary living situation and a family hardship during the time of his initial enlistment. He was visiting his grandmother in Alabama at the time due to a financial hardship and his grandmother's age. He informed the Military Entrance Processing Station (MEPS) of this situation at the time of enlistment, but to no avail. Although he changed his legal State of residence in 1991, he was unaware that his HOR was incorrect. He and his entire family resided at his address in Dallas, TX when he enlisted in 1990. He attempted to make this change in September 2002 when he was commissioned as a U.S. Army officer, but apparently the change was not made. This error has caused his family a significant hardship since he retired. He resides in the State of Texas. 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 (USAR) under the Delayed Entry Program on 3 July 1990. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his HOR as Goodwater, Alabama. He enlisted at the Military Entrance Processing Station (MEPS), Gunter Air Force Base, Alabama. 3. On 30 September 1990, he was discharged from the USAR DEP and on 1 November 1990, he enlisted in the Regular Army for a period of 4 years. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) listed his HOR and current address as Goodwater, Alabama. 4. On 21 September 1994, he reenlisted in the Regular Army for a period of 3 years. His DD Form 4 shows his HOR as Goodwater, Alabama. 5. He reenlisted in the Regular Army on 21 March 1997. His DD Form 4 shows his HOR as Goodwater, Alabama. 6. His service record does not indicate he had a break in service. 7. On 6 September 2002, he was appointed as a Reserve commissioned officer with a concurrent call to active duty. 8. Orders 117-0125 published on 27 April 2013 released him from active duty on 28 February 2014, and on the date following, placed him on the retired list. These orders show his HOR as Goodwater, Alabama. 9. His DD Form 214, item 7b (HOR at Time of Entry) shows his HOR as Goodwater, Alabama. 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. This regulation directs the following: a. Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b. b. 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. c. 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. d. 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 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 evidence of record shows upon the applicant's initial enlistment in the USAR DEP on 3 July 1990, he listed his HOR as Goodwater, Alabama. His enlistment contract shows he entered active duty on 1 November 1990 from the MEPS, Gunter Air Force Base, Alabama. 2. The applicant continued to serve on active duty through reenlistments and was appointed as a Reserve commissioned officer on 6 September 2002. 3. The applicant's service record is void of evidence that indicates he had a break in service of more than 1 full day or that he attempted to change his HOR to Texas due to an administrative error. 4. By regulation, 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. 5. The applicant was ordered to active duty from 6 September 2002 to 28 February 2014. Accordingly, when his DD Form 214 was prepared upon his retirement on 28 February 2014, Goodwater, Alabama was rightfully listed as his HOR. 6. Since the applicant's service record does not indicate he had a break in service for more than 1 full day, his HOR remains the same as recorded during his initial enlistment as Goodwater, Alabama. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001121 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001121 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2