ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 June 2019

	DOCKET NUMBER:  AR20170007548


APPLICANT REQUESTS: Block 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) changed from Camuy, Puerto Rico (PR) to Killeen, Texas (TX).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 when he reenlisted in the Army at Fort Hood, TX, while assigned to C Company 3rd Battalion 41st Infantry, 2nd Armored Division, he had established residence in the state of Texas.  He obtained his driver’s license and purchased a vehicle.  His HOR never changed in his records after his reenlistment.  

3.  A review of the applicant service record shows the following:

	a.  The applicant enlisted in the Regular Army at the San Juan Military Entrance Processing Station.  His DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows he enlisted on 27 October 1980.  His HOR is shown as Camuy, PR.

	b.  He reenlisted in the RA on 13 February 1984, 12 January 1990, 22 April 1994, and 18 November 1999.  Each of his reenlistment contracts listed his HOR is shown as Camuy, PR.

	c.  His Enlisted Record Brief shows his HOR as Puerto Rico.

	d.  Orders 100-0500, dated 10 April 2002, released the applicant from active duty.  The orders listed his HOR of Camuy, PR.
	e.  His DD 214 shows that he was released from active duty on 30 April 2002.  Item 7b of his DD Form 214 listed his HOR as San Juan, PR.

4.  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.

5.  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 the relief was not warranted.  The applicant’s contentions were carefully considered.  The applicant enlisted in PR and his HOR was listed as so.  He separated from the military without a break in service.  The board agreed there was no error or injustice in this case, and denied relief.  The applicant has not provided sufficient evidence to show he had a break in service of 1 full day and that his HOR was changed.  The HOR and place of entry into active duty entries on his DD Form 214 were listed in accordance with law and regulatory guidance. 


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) provides for the preparation, processing, and distribution of the DD Form 214.  For Block 7b (Place of entry onto active duty and Home of Record), enter the city and state where the Soldier entered active duty.  For overseas address include the APO or FPO.  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.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20170007548
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