BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015695 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: 30 May 2018 DOCKET NUMBER: AR20160015695 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: 30 May 2018 DOCKET NUMBER: AR20160015695 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) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states item 7b of his DD Form 214 should show his HOR as San Antonio, Texas. Although he enlisted in Panama, he was born in San Antonio, Texas, and lived there until his father accepted a job in Panama where they moved until he joined the Army. He has always claimed Texas for taxes and returned there after separating from the military. He is having hardships obtaining Texas veterans' benefits since his DD Form 214 doesn't reflect Texas as his HOR. 3. The applicant provides: * Texas driver's license * birth certificate * DD Form 214 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 U.S. Army Reserve under the Delayed Entry Program on 21 June 1996 for a period of 8 years. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows an address in Panama. 3. On 12 June 1997, he was discharged from the U.S. Army Reserve Delayed Entry Program for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 13 June 1997 for a period of 6 years. 4. On 30 November 2003, he was honorably released from active duty. 5. Item 7b of his DD Form 214 shows an address in Panama. 6. He provided a copy of his Texas driver's license and birth certificate showing he was born in San Antonio, Texas. REFERENCES: 1. Army Regulation 601-280 (Army Retention Program) states the term "home of record" 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. An HOR can only be changed if there is a break in service of more than 1 day or to correct an error. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The regulation stated a Soldier's initial enlistment contract or appointment document is the source for items 7a and 7b. It stated to enter the street, city, state, and zip code the Soldier claims as a permanent HOR. The term "home of record" means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. The HOR is shown on an enlisted Soldier's service contract and on an officer's orders to active duty. DISCUSSION: 1. The applicant contends his HOR should be an address in San Antonio, Texas. 2. The governing regulation states the term "home of record" means the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty. 3. The evidence of record shows he declared an address in Panama as his HOR on his DD Form 4 in 1996. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015695 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015695 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2