ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20170016770 APPLICANT REQUESTS: his home of record be changed on his service record. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 (ABCMR) 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 was changed from Ohio to El Paso, Texas. He would like to get it fixed and needs it changed. 3. The applicant provides a copy of the above listed documents. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 3 November 1998. The home of record listed on his DD Form 4 (Enlistment/Reenlistment Document) states 2### X____X____, L____, Ohio 4####. b. He served in Afghanistan from 25 December 2007 to 8 June 2008. c. Orders 361-0086, dated 26 December 2012, noted the applicant was placed on the Temporary Disability Retired List effective 10 March 2013 due to injury or disease received in the line of duty as a direct result of armed conflict. d. He was honorably retired from active duty on 9 March 2013. His DD Form 214 shows he completed 15 years, 4 months, and 7 days of active service. It also shows: * Block 7a (Place of Entry into Active Duty) – Cleveland, Ohio * Block 7b (Home of Record at Time of Entry) – 2### X____X____, L___, Ohio 4#### 5. By regulation, 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 relief was warranted. The applicant’s contentions were carefully considered. His DD Form 4 shows Ohio locations for his place of enlistment and HOR. USAR members are able to change their HOR when ordered to active duty. Based upon the information on the applicant’s Enlisted Record Brief (ERB) showing his Home of Record and mailing address as El Paso, Texas, the Board found there was sufficient evidence to change the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Item 7b to read: “7### Viscount 255, X__ X____, Texas 7####-0000” 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 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) states 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170016770 3 1