BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001495 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: 17 August 2017 DOCKET NUMBER: AR20160001495 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: 17 August 2017 DOCKET NUMBER: AR20160001495 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 item 7b (Home of Record (HOR)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address located in El Paso, Texas, instead of Saco, Maine. 2. The applicant states that he changed his residency to Texas in 1993. He contends that he was discharged and reenlisted while stationed at Fort Bliss and upon retirement did not think to change his HOR to El Paso, TX. He did not catch the mistake during his retirement outprocessing. 3. The applicant provides: * DD Form 214 * Enlisted Record Brief * Orders 290-0114 * Record of Emergency Data * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Form 2648 (Preseparation Counseling Checklist) * Servicemembers’ Group Life Insurance Election and Certificate 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. Having prior service in the Army National Guard, he enlisted in the Regular Army on 23 March 1983. The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared during this enlistment processing listed a "Saco, Maine" address in item 5 (HOR). 3. On 30 June 2003, he was retired due to sufficient service. Item 7b of the DD Form 214 issued to him at that time shows his HOR as a Saco, Maine, address. 4. A review of his Official Military Personnel File (OMPF) did not find an address in Texas listed on any of his enlistment documents. 5. The applicant provides numerous documents listing his home address in the state of Texas. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the 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. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR. 2. The "HOR" 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 (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. 3. 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 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 applicant’s residency in Texas is not in question; however, 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. 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. In this case, the evidence of record shows upon his initial enlistment in the RA in 1983, the applicant listed his HOR as Saco, Maine. There is no evidence of error in the HOR recorded on his DD Form 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) AR20160001495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001495 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2