IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003040 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 IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003040 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. IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003040 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 (Report of Separation from Active Duty), for the period ending on 12 October 1977, to show his home of record (HOR) as Houston, TX. 2. The applicant states he was denied benefits under the Texas Hazelwood Act because his DD Form 214 indicated his HOR was KY and not TX. He entered the Regular Army (RA) on 23 December 1963 in Louisville, KY. He was discharged on 1 December 1973 in San Antonio TX. His HOR for this period of service was Louisville, KY. He joined the Army Reserve (USAR) on 2 November 1974 in Houston, TX. He served with this unit until he was retired for disability on 12 October 1977. Houston, TX, should be his HOR for this period of service. 3. The applicant provides copies of his SAA Form 288 (Request for Assignment or Attachment of USAR Personnel), Orders D194-35, and 1977 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 RA on 23 December 1963. His DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his home address as XXXX Huntsinger Lane, Louisville (Jefferson County), KY. He was honorably discharged on 13 January 1966, for his immediate reenlistment. Item 23 (HOR) of his DD Form 214 lists the entry XXXX Huntsinger Lane, Louisville (Jefferson), KY. 3. He reenlisted in the RA on 14 January 1966. His DD Form 4 lists his home address as XXXX Alta Avenue, Louisville (Jefferson County), KY. He was honorably discharged on 27 September 1968, to accept a commission. Item 21 (HOR) of his DD Form 214 lists the entry XXXX Alta Avenue, Louisville (Jefferson), KY. 4. He was appointed in the USAR on 28 September 1968 and entered active duty on the same date. Item 11 (Permanent Address) of his DA Form 61 (Application for Appointment) lists his permanent address as XXXX Alta Avenue, Louisville, KY. 5. He was honorably released from active duty on 1 December 1973 and was transferred to the USAR. Item 21 (HOR) of his DD Form 214 lists the entry XXXX Huntsinger Lane, Louisville, KY. 6. He provides a copy of an SAA Form 288, dated 2 November 1974, wherein he requested assignment to the 75th U.S. Army Maneuver Area Command, Houston, TX. His listed his current address on the form as XXXX Winslow, Houston, TX 77025. 7. He entered active duty on 1 November 1976 for medical processing. 8. His records contain and he also provides a copy of Orders D194-35, issued by the U.S. Army Military Personnel Center on 5 October 1977, which placed him on the Temporary Disability Retired List (TDRL) effective 12 October 1977. The orders shows his authorized place of retirement as Houston, TX. 9. He was honorably retired on 12 October 1977 and was placed on the TDRL. Item 7c (Home Of Record At Time Of Entry Into Active Service) of his DD Form 214 lists the entry Louisville, KY. REFERENCES: 1. Army Regulation (AR) 600-8-4 (Military Personnel Information Management/Records) defines the term “home of record” as 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. 2. AR 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports) prescribes responsibility and procedures for screening the Ready Reserve during peacetime. Chapter 4 contains guidance on change of address reports. It provides guidance for corrections for members whose permanent home address was listed incorrectly in official records. Paragraph 4-6 provides guidance on changes of home of record. It states, in pertinent part, an exception may be made to change a HOR when an administrative error was made in the HOR designation at the time active duty orders were prepared. 3. Current Army policy does allow a member to identify their permanent HOR at the time of their enlistment and it may be different from the address where they reside at that time. AR 601-210 provides the 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 their permanent home or actual home at the time of enlistment. A temporary address will not be entered. 4. The Joint Federal Travel Regulation (JFTR) provides, in pertinent 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 time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time. 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. 5. AR's 635-5 (Separation Documents), in effect at the time, provided item-by-item instructions for completing a DD Form 214, including items 7c, 21, and 23 for the appropriate DD Form 214. It provided that a Soldier’s initial enlistment contract or appointment document is the source for this data. It also noted that the HOR was the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. The HOR could not be changed unless there was a break in service of at least 1 full day in accordance with Joint Federal Travel Regulations, Volume 1, Appendix A, Part I. DISCUSSION: 1. The applicant's enlistment and appointment contracts list two different homes addresses, his 1963, 1966, and 1968 enlistment contracts and USAR appointment history clearly shows his HOR had always been Louisville, KY. 2. The HOR is the address the Soldier identified as his home when he entered active duty. By regulation, the HOR cannot be changed unless the individual had a break in service of at least 1 full day. 3. There is no evidence he had a break in service of at least 1 full day from his initial enlistment on 23 December 1963 to his separation date on 12 October 1977. Also, there is no evidence and he provided none showing his HOR that was documented in his official records during his RA enlistments and USAR appointment is incorrect. As such, there is no error in the HOR listed in item 7c of his 1977 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) AR20170003040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2