ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 October 2019 DOCKET NUMBER: AR20170014948 APPLICANT REQUESTS: Correction of item 8c (Home of Record (HOR) at Time of Entry into Active Service) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 15 September 1975. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Application envelope postmarked on 24 August 2017 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 was a Texas resident prior to joining the military, and now 64 years later he is still a Texas resident living in the same house at #xx# X_ Ave, San Antonio 78212. The HOR entry was simply so he did not have to hitchhike back home to San Antonio. The exit or ETS (expiration of term of service) shows Lebanon, NJ. He has never been to New Jersey, but had some distant relatives there he never met. He is qualified for the Hazelwood Act education benefits and is trying to get his daughter back in school. He attended San Antonio College in December 1971 during basic at Fort Sam Houston. 3. The envelope the applicant used to submit his DD Form 149 was postmarked on 24 August 2017. His return address shows #xx X_ Dr. San Antonio #####. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army for 3 years on 16 December 1971. b. DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows in: * Item 15 (Accepted at) X____, XX * Item 41 (Home of Record) Route 1, Lebanon, Hunterdon, New Jersey c. Special Orders #242, dated 16 December 1971, published by Armed Forces Examining and Entrance Station, Spokane, WA, shows his HOR as X____, XX. d. Armed Forces fingerprint card, dated 20 December 1971, shows his place of enlistment as Spokane, WA, and his place of birth as Minot, ND. e. DA Form 2-1 (Personnel Qualification Record – Part II), dated 30 December 1974) shows in: * Item 25 (Home of Record/Address) HOR: Lebanon, Hunterdon, NJ * Item 34 (Signature) applicant applied his signature f. DA Form 41 (Record of Emergency Data) shows: * item 4 (Place of Birth) Minot, ND * item 5 (HOR) Hunterdon, New Jersey * item 9 (Spouse/Address) X_ X__ X_, ### X_, San Antonio, XX * item 12 (Mother’s Name/Address) X_ X_, X____, XX g. Special Orders # 168, dated 28 August 1975, published by Headquarters, Fort Sam Houston, shows his HOR as Hunterdon, New Jersey. h. Special Orders # 174, dated 8 September 1975, published by Headquarters, Fort Sam Houston, shows his HOR as Lebanon, New Jersey. His mailing address is listed as RR, c/o X_ X_, X___, XX i. His DD Form 214 for the period ending 15 September 1971, shows: * item 5c (HOR at Time of Entry into Active Service) Route 1, Lebanon, Hunterdon, New Jersey * item 28 (Mailing Address after Separation) RR, c/o X__X__, X____, XX 5. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents, and establishes procedures for the preparation and distribution of the documents for Soldiers who are separated from the Army. 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 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 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. 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) in effect during the applicant’s era of service, prescribes the separation documents, and establishes procedures for the preparation and distribution of the documents for Soldiers who are separated from the Army. A DD Form 214 will be issued at time of separation for those enlisted personnel who are released to the Army Reserve upon completion of the period for which inducted and immediately ordered to active duty as reservists. Section III of the regulation provides the instructions for the preparation and distribution of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). a. Paragraph 2-4 (Alterations and corrections) shows DD Form 214 corrections can be accomplished at any time by the issuing transfer activity. After a separate has departed from the transfer activity, or if distribution has been made, the form will be corrected only by issuance of a DD Form 215 (Correction of DD Form 214, Report of Separation from Active Duty) or by issuance of a new DD Form 214. b. Item 8c (home of record (HOR) at time of entry into active service) shows * For members of who enter active duty from the Army National Guard of the United States (ARNGUS) or U.S. Army Reserve (USAR), enter the address shown on orders. * For cadets, enter the home address at time of appointment 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20170014948 4 1