BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20170016021 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20170016021 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 7b (Home of Record (HOR)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 April 1998 from "Elsinore, CA" to "San Antonio, TX." 2. The applicant states his prior service DD Form 214, ending on 16 April 1998, needs to show the correct HOR. Prior to beginning basic training, he moved to San Antonio, TX. He re-signed his enlistment paperwork at the San Antonio Military Entrance Processing Station (MEPS) to reflect San Antonio as his HOR. He was directed by the Joint Base San Antonio Personnel Office to contact the Army Board for Correction of Military Records (ABCMR) to correct the HOR on a prior service DD Form 214. 3. The applicant provides the following: * last page of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) * page 3 of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) * 1998 DD Form 214 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 30 June 1995. His DD Form 4/1, dated 30 June 1995 listed in: * Item 3 (HOR) – Garden Grove, CA * Item 4 (Place of Enlistment/Reenlistment) – Los Angeles MEPS * Item 5 (Date of Enlistment) – 30 June 1995 3. He was discharged from the DEP on 22 January 1996 and enlisted in the Regular Army (RA) on 23 January 1996. He was sworn in at the San Antonio, TX, MEPS. 4. His records contain a DD Form 1966, dated 23 January 1996. The front page of this form is not available for review. The front page would have listed the current address in item 4 (Current Address) and the HOR in item 5 (HOR Address). However, other pages show the following entries: * Item 23 (Education) shows he attended high school in Elsinore, CA, from September 1987 to June 1991 and college in Irvine, CA from September 1991 to June 1995 * Item 33 (Recertification By Applicant And Correction Of Data At The Time Of Active Duty), of this form, shows a change was required of items 4 and 5 to list the address "5XXX Br__, Apr 2XX, San Antonio, TX, 78209” 5. He served at Madigan Army Medical Center, Fort Lewis, WA, from around October 1996 to December 1997. He then successfully completed Officer Candidate School (OCS) in April 1998. 6. While in OCS, Headquarters, U.S. Army Infantry Center, Fort Benning, GA published Orders 085-50, on 26 March 1998, which ordered him to active duty as an obligated volunteer commissioned officer for 3 years. The orders listed his HOR as "San Antonio, TX." 7. He was honorably discharged (from his enlisted status) on 16 April 1998, to accept a commission or warrant in the Army. His DD Form 214 credited him with 2 years, 2 months, and 24 days of active enlisted service and lists in: * Item 7a (Place of Entry into Active Duty) – Los Angeles, CA * Item 7b (HOR at Time of Entry) – Elsinore, CA 92530 8. He was appointed as a Reserve commissioned officer on 17 April1998. His oath of office and appointment memorandum are not available for review. 9. He completed the Army Medical Department Officer Basic Course at Fort Sam Houston, TX, from 29 June 1998 to 22 September 1998. 10. He is currently serving in an active status in the rank of lieutenant colonel. 11. His Officer Record Brief, dated 20 February 2018, shows his HOR as San Antonio, TX. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated a Soldier’s initial enlistment contract or any correction approved by the U.S. Army Human Resources Command (HRC) was the source for the data listed in item 7b. The HOR is the place recorded as the HOR of the Soldier when he/she enlisted. This cannot be changed unless there is a break in active service of at least 1 full day, or it is determined by HRC to be factually incorrect. The HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 2. Table 11-1 of AR 601-280 (Total Army Reenlistment Program), states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the DEP on 30 June 1995 at the Los Angeles, CA, MEPS. He had attended high school in Elsinore, CA from September 1987 to June 1991 and college at the University of California in Irvine, CA, from September 1991 to June 1995. He listed his HOR on his enlistment contract as Garden Grove, CA. However, when he was sworn in for enlistment in the Regular Army, he did so in San Antonio, TX. 2. The fact that he was sworn in at the San Antonio MEPS did not change his HOR. However, his DD Form 1966 clearly shows he requested a correction of item 4 and 5 to show an address in San Antonio, TX. He appears to have entered active duty from San Antonio, TX. Additionally, he attended OCS in San Antonio, TX, and appears to have resided in TX. 3. He was honorably discharged from the RA on 16 April 1998, to accept a commission in the Army. He was ordered active duty as a commission officer while attending OCS at Fort Benning. His orders to active duty listed his HOR as San Antonio, TX. Likewise, his current Officer Record Brief lists San Antonio, TX, as his HOR. 4. The evidence appears to support the applicant's contention that his HOR at the time of enlistment in the Regular Army was San Antonio, TX. BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20170016021 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 his DD Form 214 for this period ending 16 April 1988 as follows: * amend item 7a (Place of Entry into Active Duty) to show "San Antonio, TX" * amend item 7b (Home of Record at Time of Entry) to show the address in San Antonio, TX, shown in item 33 of his DD Form 1966/3 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170016021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170016021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2