BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001299 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: 8 June 2017 DOCKET NUMBER: AR20160001299 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: 8 June 2017 DOCKET NUMBER: AR20160001299 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 30 September 1995, to show his place of entry on active duty and home of record (HOR) as El Paso, TX. 2. The applicant states, in effect, he changed his HOR from Lawton, OK to El Paso, TX. The change was done in approximately 1984. He has paid taxes and has owned property in TX constantly since changing his home of record to TX. He noticed it on his DD Form 214 when attempting to use the Hazelwood College benefits for his son. 3. The applicant provides a copy of 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 Regular Army on 22 September 1975. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his place of entry as Oklahoma City, OK, and his HOR as Lawton, OK. He authenticated the form with his signature 3. The applicant immediately reenlisted in the Regular Army on 23 September 1977. His DD Form 4 shows his place of entry as Regensburg, Germany, and his HOR as Lawton, OK. He authenticated this form with his signature. 4. The applicant honorably retired from the Regular Army on 30 September 1995. His DD Form 214 shows he authenticated the form with his signature, and; * block 7a (Place of Entry into Active Duty) shows he entered active duty at Oklahoma City, OK * block 7b (HOR at Time of Entry) shows his HOR as Lawton, OK 5. There is no evidence the applicant incurred a break in service at any time after he enlisted into the Regular Army on 22 September 1975, or throughout his period of military service concluding with his retirement on 30 September 1995. REFERENCES: 1. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that the policies and procedures for the preparation of enlistment contracts. It states that the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. A temporary address will not be entered. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states: a. A Soldier's initial enlistment contract or appointment document is the source for block 7a, HOR data. This regulation further states that "Home of Record" is 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. HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile (residence) may change at any time during a Soldier's career. b. block 7b required the preparer to enter the city and state from which the Soldier last entered or was ordered to active duty. 3. The Joint Federal Travel Regulation provides 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 an 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. It may not be a place selected for the convenience of the Soldier. DISCUSSION: 1. The applicant's request to correct his DD Form 214 to show a different place of entry into active duty and HOR was carefully considered. 2. The applicant contends his DD Form 214 for the period ending 30 September 1995 should show El Paso, TX as the place he entered active duty and as his HOR. He contends he made the change in 1984. 3. The applicant's initial DD Form 4 shows he entered active duty at Oklahoma City, OK and his HOR was Lawton, OK. He did not have a break in service during his period of military service. His DD Form 214 shows he entered active duty at Oklahoma City, OK and his HOR was Lawton, OK. 4. The applicant has not provided sufficient evidence to show he had a break in service of 1 full day and that his HOR was changed. The HOR and place of entry into active duty entries on his DD Form 214, for the period ending 30 September 1995, were listed in accordance with law and regulatory guidance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001299 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2