ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170013343 APPLICANT REQUESTS: * correction of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 June 1975 to reflect Item 8c (Home of Record at time of entry in active service), to read 19xx S. X___ Dr., Apt x, X___, TX 796xx * correction of his DD Form 214 with an effective date of 1 June 1981 to reflect * Item 6 (Place of Entry into Active Duty), X___, Texas * Item 19 (Mailing Address after Separation), ### N. X___ St., X___, TX 76824 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 with an effective date of 1 June 1975 * DD Form 4 (Enlistment Contract – Armed Forces of the United States) with an effective date of 2 June 1975 * DD Form 214 with an effective date of 1 June 1981 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, his home of record changed when he conducted a permanent change of station (PCS) from Germany to Abilene, Texas. He states that as soon as he arrived in Texas, he acquired a Texas Driver’s License, registered his vehicles, and filed income taxes with a wife, he met in Texas, all with a Texas address as a Texas resident. He also states that his daughter is entering college this fall and if these changes are made, then he would qualify for the Hazelwood Act. This would qualify his daughter for free classes at a Texas Tax supported school. 3. The applicant provides: a. DD Form 214, dated 1 June 1975, which states he was honorably discharged for immediate reenlistment, under the provisions of AR 635-200. He had 8 years, 9 months, and 25 days of total active service. His DD Form 214 reflects: * item 8c (Home of Record at the Time of Entry), Route #_, Box #xx, X___, NC ##### * item 9b (Station of Installation at which Effected), USA Amarillo DRC, w/dy Abilene, TX * item 14 (Place of Entry into Current Active Service), Armed Forces Examining and Entrance Station (AFEES), Raleigh, NC 37 b. DD Form 4, dated of 2 June 1975, which states he reenlisted in the RA on 2 June 1975. His DD Form 4 reflects: * item 9 (Name and Location of Activity Effecting Enlistment /Reenlistment/ Induction), USA AMA DRC, Amarillo, Texas * item 41 (Home of Record), Route #_, Box #xx, X___, NC ##### c. DD Form 214, dated 1 June 1981, which states he was honorably discharged, under the provisions of AR 635-200 for Completion of Required Service (ETS). He had 14 years, 10 months, and 4 days of total active service. His DD Form 214 reflects: * item 6 (Place of Entry into Active Duty), Raleigh, North Carolina * item 8 (Station Where Separated), Fort Sheridan, Illinois * item 19 (Mailing Address After Separation), Route #_, Box #xx, X___, NC ##### 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 2 December 1965. His DD Form 47 (Record of Induction), item 3 (Home of Record), and item 3a (Current Address) both reflect Route #_, Box #xx, X___, NC #####. b. He was honorably transferred to the United States Army Reserve (USAR) on 1 December 1967, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), for expiration of Terms of Service (ETS). He served 2 years active service. His DD Form 214 reflects: * item 20 (Place of Entry into Active Service), Raleigh, North Carolina * item 21 (Home of Record) Route #_, Box #xx, X___,( X___) NC ##### c. He enlisted in the Regular Army (RA) on 11 January 1968. His DD Form 4 reflects item 41 (Home of Record), Route #_, Box #xx, X___, (X___) NC #####. He served in Vietnam from 26 June 1969 to 27 November 1970. d. He was honorably transferred to the USAR on 28 November 1970, under the provisions of AR 635-200, Chapter 5 (Early Separation of Overseas Returnee). He had a total of 4 years, 10 months and 9 days of active service. His DD Form 214 reflects: * item 20 (Place of Entry into Active Service), Raleigh, North Carolina * item 21 (Home of Record) Route #_, Box #xx, X___,( X___) NC ##### e. He enlisted in the RA on 16 June 1971. His DD Form 4 reflects item 41 (Home of Record), Route ##, Box ###, Spring Hope, NC #####. He served in Germany from 5 July 1971 to 30 June 1974. f. He was honorably discharged on 1 June 1975 for immediate reenlistment, under the provisions of AR 635-200. He had 8 years, 9 months, and 25 days of total active service. His DD Form 214 reflects: * item 8c (Home of Record at the Time of Entry), Route #_, Box #xx, X___, NC ##### * item 9b (Station of Installation at which Effected), USA Amarillo DRC, w/dy Abilene, TX * item 14 (Place of Entry into Current Active Service), Armed Forces Examining and Entrance Station (AFEES), X___, NC ## g. He reenlisted in the RA on 2 June 1975. His DD Form 4 reflects: * item 9 (Name and Location of Activity Effecting Enlistment /Reenlistment/ Induction), USA AMA DRC, Amarillo, Texas * item 41 (Home of Record), Route #_, Box #xx, X___,( X___) NC #### h. He was honorably discharged on 1 June 1981, under the provisions of AR 635-200 for Completion of Required Service (ETS). He had 14 years, 10 months, and 4 days of total active service. His DD Form 214 reflects: * item 6 (Place of Entry into Active Duty), Raleigh, North Carolina * item 8 (Station Where Separated), Fort Sheridan, Illinois * item 19 (Mailing Address After Separation), Route #_, Box #xx, X___, (X___) NC ##### i. He enlisted in the USAR on 4 April 1986. His DD Form 4 reflects: * item 3 (Home of Record), ##x N. X___ St., X___, TX ##### * item 4 (Place of Enlistment/Reenlistment), Oklahoma City MEPS j. He reenlisted in the USAR on 16 January 1992. His DD Form 4 reflects: * item 3 (Home of Record), Route _, Box #xx, X___ X___, NC ##### * item 4 (Place of Enlistment/Reenlistment), USAR Center, Wilson NC k. He reenlisted in the USAR on 9 January 1999. His DD Form 4 reflects: * item 3 (Home of Record), ##xx X___St., X___, CA ##### * item 4 (Place of Enlistment/Reenlistment), X___ X___AFRC, X___ X___, CA l. He was honorably retired on 4 January 2006. His address, as stated on orders number P##-#######, reflect ##xx W X___ X___, Apt##, X___, CA #####. 5. By regulation, Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the- Army including active duty training personnel and cadets from the US Military Academy. a. 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. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 6. By regulation, AR 600-8-104 (Personnel – General - Army Military Human Resource Records Management), the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. Official source documents include DA Form 71 (Oath of Office - Military Personnel), active duty letter/order, appointment order, DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), or DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel) (used for effective date only). 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. Regulatory guidance does not provide for the changing of mailing addresses on separation documents as the mailing address shown was correct when the form was created. The Board agreed the DD Forms 214 correctly reflects his HOR and place of entry as he did not have a break in service of one day or more. 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 (AR) 635–200 (Personnel Separations - Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the- Army including active duty training personnel and cadets from the US Military Academy. a. 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. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 4. AR 600-8-104, prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). 5. By regulation, AR 600-8-104 (Personnel – General - Army Military Human Resource Records Management), the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. Official source documents include DA Form 71 (Oath of Office - Military Personnel), active duty letter/order, appointment order, DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), or DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel) (used for effective date only). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013343 6 1