ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20170004728 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her home of record (HOR) at time of entry and mailing address after separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Internal Revenue Service (IRS) tax documents for tax years ranging from 1999 through 2015 * Memorandum from X_____, X____, X____ Home Mortgage, dated 6 February 2012 * Mortgage Account Statement, X_____, X____, X____, dated 11 January 2013 * Social Security Administration Form 1099, for benefit year 2014 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, a. Her HOR should have read X__X X______ X___ X___, X__ X____. TX XXXXX, which she states was her address at the time she reentered the military. She states her mailing address was also incorrect it should have read the same as her current husband’s address which is X_____, X____, X____, X__ X_____X, TX XXXXX. She adds they bought their current home in Texas in June of 2011 and have resided there since that time. b. She has been a Texas resident since marrying her now ex-husband and has never changed her residency. She adds all of her taxes have reflected a Texas residence since 1996 and her mailing address has been the same since leaving the military in 2013. She states all of her mail, Dr's and Department of Veterans Affairs (VA) appointments assigned to her have been in XXX X_____X, TX. Lastly, she states that she can show proof that she purchased their home before leaving the military and have since resided there. She added she did not notice the error regarding her home of record until her daughter tried to use benefits available to Texas residents under the Hazelwood Act for school. She asks for a prompt response as she states her daughter is missing school due to the mistake. 3. The applicant provides copies of her IRS tax documents for tax years 1999 through 2015, Social Security Administration statement for 2014, and mortgage services correspondence, all of which reference the applicant as a resident of the state of Texas during the period stated. 4. A review of the applicant’s service record shows: a. She enlisted in the U.S. Army Reserve under the Delayed Entry Program on 27 March 1995. She enlisted in the Regular Army on 20 April 1995. Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her HOR at the time of enlistment as X______X, XX. b. She was involuntarily discharged on 23 February 1996. Item 7b of her DD Form 214 for this period of service shows her HOR at time of entry as X______X, XX. c. On 29 September 1998, the applicant reentered active service in the Regular Army. Her DD Form 4 at the time of this enlistment and subsequent DD Form 4s for reenlistment (dated 31 October 2003 and 30 December 2008) show her HOR as X____X, XX. d. On 22 May 2013, she was honorably retired from active service at Fort Sam Houston, Texas. Her DD Form 214 shows she completed 14 years, 7 months, and 21 dayts of active service for the period without a break in service. Her HOR is shown as X_____X, NXXY. 5. By regulation (Army Regulation 635-5 (Personnel Separations – Separation Documents)), for item 7b (Home of Record at Time of Entry), enter the street, city, state, and ZIP code listed as a Soldier’s home of record. “Home of Record” is the place recorded as the home of record 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 service of at least 1 full day. The applicant did not have a break in service after reentering the Army with the HOR shown on her DD Form 214. Regulatory guidance does not provide for the changing of mailing address after separation on the DD Form 214 as veterans addresses may continue to change. BOARD DISCUSSION: After review of the application and all evidence, the Board found relief is not warranted. The applicant’s contentions were carefully considered. Upon her reentry into the Army, she authenticated a DD Form 4 that shows she entered that period of active duty with the contested HOR. She did not have another break in service through her retirement date. Her DD Form 214 shows the contested HOR. The applicant has not provided sufficient evidence to show she had a break in service of 1 full day and that her HOR was changed. The HOR and place of entry into active duty entries on her DD Form 214, for the period ending 22 May 2013 were listed in accordance with law and regulatory guidance. Finally, regulatory guidance does not provide for the changing of mailing address on properly constituted DD Forms 214 after members separate from service. 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. 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 (Personnel Separations – Separation Documents), paragraph 2-4h(7)(b), in effect at the time, provides for item 7b (Home of Record at Time of Entry) to enter the street, city, state, and ZIP code listed as a Soldier’s home of record. “Home of Record” is the place recorded as the home of record 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 service of at least 1 full day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004728 4 1