ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20170007332 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his home of record at time of entry. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty), periods ending 20 June 2007 and 20 December 2013 * DD Form 214c (Certificate of Release or Discharge from Active Duty (continuation sheet)) 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 that he is a Texas resident and always has been. He went from an enlisted assignment in the U.S. Marine Corps at Camp X____, NC and did an inter- service transfer to become a Regular Army enlisted Soldier. His DD Form 214 from the U.S. Marines states his place of entry was X____, TX and his home of record at the time of entry was X____, TX. He states his mailing address after separation from service was X____, TX. However, his DD Form 214 from the U.S. Army states his home of record was X____, NC, where he was stationed. He had to leave Texas due to military assignments and then returned after military service 3. The applicant provides: a. A copy of his DD Form 4, dated 17 November 1997, showing in Item 3 (Home of Record), his home of record at the time of entry was X____, TX. b. A copy of his DD Form 214, period ending 20 June 2007, showing in Item 7b (Home of Entry at Time of Entry), his home of record at the time of entry in the U.S. Marine Corps was X____, TX. c. A copy of his DD Form 214, period ending 30 December 2013, showing in Item 7b, his home of record at the time of entry in the Regular Army was X____, NC. 4. A review of the applicant’s service records shows the following: a. He enlisted in the U.S. Marine Corps Reserve on 17 November 1997 in a delayed entry/enlistment program (DEP) until 26 January 1998. He entered the active U.S. Marine Corps on 27 January 1998. His DD Form 4 shows his home or record X____, TX. The applicant separated honorably from the U.S. Marine Corps on 20 June 2007 at Camp X____, NC. b. He enlisted in the Regular Army on 21 June 2007 with no break in service. His DD Form 4 shows his home of record at the time of enlistment as X____, NC. c. He honorably retired on 30 December 2013 from Fort Hood, TX. His DD Form 214 shows he completed 15 years, 11 months, and 4 days of active service with no lost time. Item 7b (Home of Record at Time of Entry) shows X____, NC. 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 between his separation from the U.S. Marine Corp and his enlistment in the Regular Army. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the applicant entering military service in El Paso, Texas and having no break in service while changing branches of service, the Board concluded that the HOR of the applicant reflected on the DD Form 4 should be reflected on his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, ending date of 30 December 2013, by changing his home of record as reflected on the applicant’s DD Form 4, dated 17 November 1997. 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. ABCMR Record of Proceedings (cont) AR20170007332 3 1