ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170003545


APPLICANT REQUESTS: in effect, the following corrections of his DD Form 214 
(Report of Separation from Active Duty), with a separation date of 27 September 1976:

*	item 8c (Home of Record at Time of Entry Into Active Service) to show - " "
*	item 15 (Date Entered Active Duty This Period) to show – "9 March 1976"
*	item 20 (Highest Education Successfully Completed to show "9" instead of "11"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD form 214, dated 27 September 1976

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, he was only 17 years old when he entered the Army 
and was booted out because he managed to enlist and become one of the best Soldiers 
in Bravo Company, 164th.  He contends he mastered his duties and was promoted to 
Private (PVT/E-1) upon graduation.  He achieved marksman with his weapon and had 
the highest score in the company, including his selection as the guidon bearer.

3.  On 9 March 1976, the applicant enlisted in the Regular Army for a period of 3 years. 
His military record, which include his DD Form 4 (Enlistment or Reenlistment 
Agreement – Armed Forces of the United States) and his DD Form 1966 (Application for 
Enlistment – Armed Forces of the United States), which he completed prior to 
enlistment, contain the following information:

*	his home of record as R
*	his address at the time as "A"
*	his education as Fortuna High School, Fortuna, CA from September 1970 to 
June 1973 

4.  His DA Form 2–1 (Personnel Qualification Record) shows:

*	item 17 (Civilian Education and Military Schools) –  Fortuna High School 
(School) – General (Major/Corse/MOSC)  – 11 YR (Duration)  – YES – 72 (Year)
*	item 25 (Home of Record/Address) –  ""

5.  On 27 March 1976, the applicant was discharged Under Other Than Honorable 
Conditions.  His DD Form 214 shows:

*	item 8c (Home of Record at the Time of Entry Into Active Service) – "Rio Del, 
CA"
*	item 15 (Date Entered Active Duty This Period) to show – "9 March 1976"
*	item 20 (Highest Education Level Successfully Completed) – Secondary/High 
School 11 YRS – College 0 YRS 

6.  The applicant's military record is void of evidence, which shows his level of education 
as 9 years or his address as . 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the 
separation documents that must be prepared for soldiers.  It states, in pertinent part, 
that the DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.   

     a.  For item 20 (Highest Education Level Successfully Completed) include education 
completed in military service as well as education completed prior to service.

     b.  The Home of Record (HOR) would be entered at the time of entry into active duty 
as shown on the enlistment or induction record regardless of the place physically 
located at the time of entry on active duty.  This cannot be changed unless there is a 
break in service of at least 1 full day (Joint Travel Regulations (JFTR), volume 1, 
Appendix A, Part I).  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, documents showing his home of record and education level and the entries on 
his DD Form 214.  The Board found insufficient evidence of a HOR or education level 
other than those shown on the DD Form 214, and the applicant provided no supporting 
documentation.  The Board found that the date of entry requested by the applicant is as 
it appears in item 15 of the DD Form 214.  Based on a preponderance of evidence, the 
Board determined that the contested entries on the applicant’s DD Form 214 were not in 
error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.

  


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the 
separation documents that must be prepared for soldiers.  It states, in pertinent part, 
that the DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.  

     a.  For item 20 (Highest Education Level Successfully Completed) include education 
completed in military service as well as education completed prior to service.

     b.  The Home of Record (HOR) would be entered at the time of entry into active duty 
as shown on the enlistment or induction record regardless of the place physically 
located at the time of entry on active duty.  This cannot be changed unless there is a 
break in service of at least 1 full day (Joint Travel Regulations (JFTR), volume 1, 
Appendix A, Part I).  

3.  The JFTR, 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 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.



ABCMR Record of Proceedings (cont)	 AR20170003545
	
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