IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20160003866 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 IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20160003866 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * amending Orders A-05-590956,dated 17 May 2005, to show her HOR as Boston, MA, vice Mililani, HI * having HRC correct her Officer Record Brief (ORB) to show her HOR as Boston, MA ___________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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20160003866 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 her records to show her home of record (HOR) as Boston, MA, vice Mililani, HI. 2. The applicant states, in effect: a. Her Officer Record Brief (ORB) shows her HOR as Mililani, HI, and this is incorrect because she was recruited and sworn into the Army at the Boston Military Entrance Processing Station (MEPS), Boston, MA. She believes this error was made because her parents' address was listed and the assumption was made that HI was her HOR. She was residing in Boston when she was recruited. b. At that time, she was not thoroughly aware of the concept of HOR. It was her understanding that HOR equated to a permanent address. As her parents lived in HI, she utilized their address as a permanent address. Due to the nature of the Army, her mailing address was transient and constantly changing; she was mistaken to equate HOR with a permanent address. 3. The applicant provides two DA Forms 71 (Oath of Office - Military Personnel). 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. On 23 April 2002, the applicant completed a DA Form 61 (Application for Appointment), wherein she listed: * her current mailing address as Boston, MA * her permanent address as Mililani, HI * that she would graduate from Tufts University with a Doctor of Medicine in Dentistry (DMD) on or about 20 May 2005 3. On 1 September 2002, she was appointed as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) and she executed an Oath of Office at Boston, MA, on that date. 4. Her record contains a U.S. Army Recruiting Command Form 1093 (Certificate of Enrollment for the U.S. Army Health Profession Scholarship Program), dated 23 September 2002. This form was completed by the Registrar, Tufts University and shows the applicant’s address at the time as Boston, MA. It confirmed she was enrolled at the university, was pursuing a dental degree, and her projected graduation date was June 2005. 5. Orders C-10-226286, dated 10 October 2002, issued by the U.S. Total Army Personnel Command, assigned her to the USAR Control Group effective 1 September 2002. These orders show her address at the time as Mililani, HI. 6. Orders A-05-590955, dated 17 May 2005, issued by the U.S. Army Human Resources Command (HRC), ordered her to temporary duty with a will proceed date of 13 June 2005 to attend the Army Medical Department (AMEDD) Officer Basic Couse (OBC), Fort Sam Houston, TX. These orders show her address at the time as Boston, MA, and do not show a HOR. 7. Orders A-05-590956, dated 17 May 2005, issued by HRC ordered her to active duty with a report date of 1 October 2005 to the U.S. Army (USA) Dental Corps (DENTAC), Fort Sill, OK. These orders show her address at the time as Boston, MA, and her HOR as Mililani, HI. 8. On 22 May 2005, she was appointed as a captain (CPT) Reserve officer and she executed an Oath of Office in Boston, MA, on that date. She entered active duty on or about 13 June 2005. 9. She attended and successfully completed AMEDD OBC from 20 June to 13 September 2005, given at Fort Sam Houston, TX. She was subsequently assigned, in part, to Fort Sill, OK, and Fort Gordon, GA. 10. On 13 June 2011, she was promoted to the rank of major in the Regular Army. 11. Orders 115-309, dated 24 April 2012, issued by Headquarters, USA Signal Center of Excellence and Fort Gordon, reassigned her to the USA DENTAC, HI, with a reporting date of 1 August 2012. These orders do not list a HOR. 12. The applicant is currently serving on active duty in HI. Her ORB is not available for review with this case. REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies governing the official military personnel file. Table 5-2 of this regulation states the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. DISCUSSION: 1. The evidence of record shows at the time the applicant completed an application for appointment in the USAR on 23 April 2002 she was residing in Boston, MA, but listed her parents’ address as a permanent address. It is reasonable to presume that being unfamiliar with the military she was not aware that the permanent address she listed would subsequently be listed as her HOR. 2. On 1 September 2002, when she was appointed as a 2LT in the USAR she was residing in Boston, MA. However, when Orders C-10-226286 were issued on 10 October 2002 her address was incorrectly listed as Mililani, HI, instead of Boson, MA. This error was compounded when Orders A-05-590956 were issued on 17 May 2005 and her HOR was listed as Mililani, HI, instead of Boston, MA. 3. On 22 May 2005, when she was appointed as a CPT Reserve officer she was residing in Boston, MA. When she entered active duty in June 2005, her HOR should have been listed as Boston, MA. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003866 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003866 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2