IN THE CASE OF: BOARD DATE: 2 August 2016 DOCKET NUMBER: AR20160009520 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: 2 August 2016 DOCKET NUMBER: AR20160009520 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 item 7b of his DD Form 214 and item 3 of his DD Form 4/1 (Home of Record) to show his home of record as xxxx Sxxxx Txxxxx Court, Toledo, OH, as it appears on his DD Form 93. ___________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: 2 August 2016 DOCKET NUMBER: AR20160009520 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) and DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) to show his home of record (HOR) as xxxx Sxxxx Txxxxx Court, Toledo, OH instead of xxxx xxth Street Northwest (NW), Washington, DC. 2. He states his DD Form 214 and DD Form 4/1 incorrectly list his HOR as xxxx xxth Street NW, Washington, DC. He explains the address in DC was his current address during the time he was a student. He believes the person inputting the data mixed his current address with his HOR. 3. He provides: * DD Form 214 * DD Form 4/1 * DD Form 1966 (Record of Military Processing - Armed Forces of the United States) 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 Delayed Entry Program on 11 February 2011 and entered active duty on 9 August 2011. 3. Item 3 (HOR) of his DD Form 4/1 lists his HOR as xxxx xxth Street NW, Washington, DC. 4. His DD Form 1966/1 (Section I - Personal Data) lists his HOR as xxxx Sxxxx Txxxxx Court, Toledo (Lucas), OH. Additionally, his 1966/2 (Section III - Other Personal Data) shows that he attended Georgetown University, Washington, DC from August 2007 to May 2011. 5. A DD Form 93 (Record of Emergency Data), dated 9 August 2011, lists his father and mother and their address as xxxx Sxxxx Txxxxx Court, Toledo, OH. 6. The applicant was honorably released from active duty on 25 January 2012 to accept a commission or warrant in the Army. His DD Form 214 shows in: * Item 7a (Place of Entry Into Active Duty) Fort Meade, MD * Item 7b (HOR at the time of Entry) xxxx xxth Street NW, Washington, DC * 19a (Mailing Address After Separation) as xxxx Sxxxx Txxxxx Court, Toledo, OH REFERENCES: 1. The Joint Federal Travel Regulation, Appendix A, Part 1 provides that the HOR is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon their retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It provided that with respect to the completion of block 6, a Soldier's initial enlistment contract or appointment document was the source document for determining the location from which the Soldier entered into active duty. DISCUSSION: 1. It appears an error occurred in the processing of the applicant's enlistment contract because his HOR is listed on his DD Form 4/1 as xxxx xxth Street NW, Washington, DC and on his DD Form 1966 as xxxx Sxxxx Txxxxx Court, Toledo, OH. 2. The evidence of record shows the applicant was attending Georgetown University, Washington, DC at the time of his enlistment. It further shows his father and mother both resided at the same address in Toledo, Ohio that he now contends is his correct HOR. The evidence also shows he used this same address as his mailing address 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) AR20160009520 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009520 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2