ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 August 2019 DOCKET NUMBER: AR20170013943 APPLICANT REQUESTS: correction of Item 7b (Home of Record at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his actual home address at the time of entry. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 place of residence at his time of enlistment was X____, TX. He states he graduated from X____ High School, X____, TX in under a year from his enlistment date. He further adds, in effect, this error is making it difficult for him to take advantage of benefits available to Texas residents under the Hazelwood Act. 3. The applicant provides a copy of his DD Form 214, period ending 17 May 1996, showing in Item 7b (Home of Entry at Time of Entry), his home of record at the time of entry in the Regular Army was X____, FL. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve under the Delayed Entry Program on 24 April 1993. He enlisted in the Regular Army on 18 May 1993. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his home of record at the time of enlistment as X____, FL. b. Item 23 (Education) of the applicant’s DD Form 1966/2 (Record of Military Processing – Armed Forces of the United States) shows he did complete high school in X____, TX from August 1988 to June 1992. The applicant’s applicable entry documents show he entered military service in X____, FL. c. He was honorably released from active duty on 17 May 1996 from Kitzingen, Germany and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he completed 3 years of active service with no lost time. Item 7b (Home of Record at Time of Entry) shows X____, FL. 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 delayed entry and his enlistment in the Regular Army. BOARD DISCUSSION: After review of the application and all evidence, the Board found relief is not warranted. The applicant’s contentions were carefully considered. His initial DD Form 4 shows he entered active duty with the contested HOR. He did not have a break in service during his period of military service. His DD Form 214 shows the contested HOR. 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, for the period ending 17 May 1996 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 :RAG :BS :RLB 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) AR20170013943 3 1