ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20170007547


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 7b (Home of Record (HOR) at time of entry) as XXX X___ Avenue, San Antonio Texas 78XXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Letter

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 he needs item 7b of his DD Form 214 to be amended to show his HOR at the time of entry XXX X___ Avenue, San Antonio TX 78XXX.  It was left blank and he needs this corrected for educational grant purposes.

3.  The applicant provides self-authored letter that states that his DD Form 214 was issued to him with his HOR blank and that he would like it changed to reflect his HOR of San Antonio TX.

4.  A review of the applicant’s service record shows the following:

	a.  He enlisted in the Regular Army 18 March 1977.  His DD Form 4 (Enlistment/Reenlistment) shows in item 5 (HOR) as San Antonio TX.

	b.  He enlisted in the Regular Army on 17 October 1979.  DD Form 4 (Enlistment/Reenlistment) shows item 5 (HOR) as San Antonio TX.

	c.  He was discharged from active duty service on 18 March 1981.  His 
DD Form 214 shows item 7b as blank.
5.  By regulation, AR 635-5 (Separation Documents) in effect at the time, block 7b (Place of entry onto active duty and Home of Record) enter the city and state where the Soldier entered active duty.  Enter the street, city, state and zip code listed as a Soldier’s HOR.  HOR is the place recorded at as the home of record 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.  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier; career.  DD Form 215 will be issued to provide missing information.”  

6.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant’s contentions were carefully considered.  He enlisted with a HOR address in Texas; however, his HOR was omitted from the reissued DD Form 214 resulting from a character of service change.  The Board agreed his HOR should reflect what is listed on his enlistment document.

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 the Army records of the individual concerned be corrected by amending block 7b on his DD Form 214 for the period ending 18 March 1981 by adding “243 Pastores Ave, San Antonio, Texas 78212.”
	 
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.  By regulation, AR 635-5 (Separation Documents) in effect at the time states that
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information.  Block 7b (Place of entry onto active duty and Home of Record) enter the city and state where the Soldier entered active duty.  (a) For overseas address include the APO or FPO.  (b) Enter the street, city, state and zip code listed as a Soldier’s HOR.  HOR is the place recorded at as the home of record 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.  HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier; career.  DD Form 215 will be issued to provide missing information.”  
DD Form 215 will be issued when the missing information becomes available.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007547
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