BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015537 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: 6 June 2018 DOCKET NUMBER: AR20160015537 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: 6 June 2018 DOCKET NUMBER: AR20160015537 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 "OKLAHOMA CITY, OKLAHOMA." He also requests a personal appearance hearing before the Board. 2. The applicant states in 2000 he changed his residency to Texas. He was told that it did not change is HOR. He reenlisted twice at Fort Hood, Texas and in Iraq while assigned to Fort Hood, Texas. He was told the HOR and place of entry could not be changed on the DA Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States). He enlisted in the Texas Army National Guard the day after separating active duty. He believes he should have been able to change his HOR on his enlistment contract. He has been in Texas since 1999 and established roots in Texas before separating. To solidify his commitment to Texas, he joined the Texas Army National Guard, his claimed HOR. He is about to retire from the Texas Army National Guard after 24 years of service and would like his HOR to reflect Texas. 3. The applicant provides no additional evidence. 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 18 November 1992. Item 4 (Current Address) lists "XXXX BXXXXXXXE, OKLAHOMA CITY, OKLAHOMA, USA, 40109." Item 5 (HOR) also lists "XXXX BXXXXXXXE, OKLAHOMA CITY, OKLAHOMA, USA, 40109." 3. The applicant's records contain his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 20 November 1992. Item 3 (HOR) lists "OKLAHOMA CITY, OK." Item 4 (Place of Enlistment/Reenlistment) shows he enlisted at Oklahoma City, OK. 4. The applicant enlisted in the Regular Army (RA) on 12 January 1993. 5. Throughout the years, the applicant reenlisted several times. Each reenlistment document lists his HOR as Oklahoma City, OK. 6. On 7 January 2008, he was honorably discharged to enter an officer training program. Item 7b (HOR at Time of Entry) of his DD Form 214 contains the entry "XXXX BXXXXXXXE, OKLAHOMA CITY, OK 73135." 7. On 8 January 2008, he enlisted in the Texas Army National Guard. Item 3 of his DD Form 4 lists his HOR as "KILLEEN, TEXAS." Item 4 shows he enlisted at "KILLEEN, TEXAS." 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. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. Notwithstanding the applicant's current 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. 3. The evidence of record shows in November 1992, he enlisted in the RA at Oklahoma City, Oklahoma. Upon his enlistment he listed his HOR as "OKLAHOMA CITY, OK." Documents contained in his record show the applicant apparently resided at the time at "XXXX BXXXXXXXE, OKLAHOMA CITY, OKLAHOMA, USA, 40109." 4. The evidence shows the applicant served continuously in the RA without a break in service through his discharge on 7 January 2008. Accordingly, his DD Form 214 was properly prepared upon his discharge by listing the HOR as "OKLAHOMA CITY, OK." 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) AR20160015537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2