BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004519 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: 19 December 2017 DOCKET NUMBER: AR20160004519 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: 19 December 2017 DOCKET NUMBER: AR20160004519 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, in effect, correction of the home of record (HOR) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "KILLEEN, TEXAS" instead of "ENTERPRISE, ALABAMA." 2. The applicant states he lived in the State of Texas for 18 years. He claims he was only in the State of Alabama for 3 months. He requests his HOR be changed in order for him to receive educational advancement. 3. The applicant provides: * DD Form 214 * 4-page official transcript * Driver License 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 his DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States), dated 5 February 2014. Item 3 (Current Address) lists "XXX BXXXXXXD TRL, ENTERPRISE, COFFEE, AL 36330-9401 USA." Item 4 (HOR) also lists "XXX BXXXXXXD TRL, ENTERPRISE, COFFEE, AL 36330-9401 USA." 3. The applicant's records contain his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 5 February 2014. Item 3 (HOR) lists "ENTERPRISE (COFFEE), AL." Item 4 (Place of Enlistment/Reenlistment) shows he enlisted at the Montgomery Military Entrance Processing Station. 4. The applicant enlisted in the Regular Army (RA) on 18 February 2014. 5. On 31 August 2015, he was discharged under honorable conditions. Item 7b (HOR at Time of Entry) of his DD Form 214 contains the entry "XXX BXXXXXXD TRL, ENTERPRISE, ALABAMA 36330." 6. The applicant provides an Under 21 Texas Driver License and a copy of his high school transcripts from the Killeen Independent School District, Killeen, TX. REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents) provides the policies and procedures for separation documents. It states, in pertinent part, a Soldier's initial enlistment contract or appointment document is the source for this data. List the street address, city, state, and zip code listed as the Soldier's HOR. For Reserve Component Soldiers, the active duty order lists the Soldier's HOR. 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 active service of at least 1 full day, or it is determined by the Army Human Resources Command to be factually incorrect. HOR is not necessarily 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. Notwithstanding the applicant's prior residence in the State of Texas, by law and regulation, the HOR is the place recorded as the home of the individual at the time of his or her 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. The evidence of record shows in February 2014, he enlisted in the RA at the MEPS - Montgomery, AL. Upon his enlistment he listed his HOR as "ENTERPRISE (COFFEE), AL." Documents contained in his record show the applicant resided at "XXX BXXXXXXD TRL, ENTERPRISE, COFFEE, AL 36330-9401 USA." 3. The evidence shows the applicant served continuously in the RA without a break in service through his discharge on 31 August 2015. Accordingly, his DD Form 214 was properly prepared upon his discharge by listing the HOR as "ENTERPRISE, ALABAMA." There is no evidence of error in the HOR listed 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) AR20160004519 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004519 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2