DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531





SAMR-RB	20 February 2020
MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531
SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20170019567

1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 18 October 2019, in which the Board members recommended denial of the applicant's request.

2. I have reviewed the findings,conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial
relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all
Department of the Army Records of the individual concerned be corrected by amending the applicant's DD Form 214 for the period of service ending 17 December 2010 to show in item 7 b. (Home of Record at Time of Entry) — 
3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 19 May 2020. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


  BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20170019567

APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 2010 to show her:

* rank/grade as specialist (SPC)/E-4 instead of private (PV2)/E-2
* home of record (HOR) as " instead of ""

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Residential Rental Agreement
* DD Form 2808 (Report of Medical Examination)
* DD Form 2807-1 (Report of Medical History)
* Basic Allowance for Housing Addendum
* U.S. Military Entrance Processing Command (USMEPCOM) Form 680 (Request for Examination)
* DA Form 4856 (Developmental Counseling Form)
* a memorandum
* Page 2, Defense Joint Military Pay System-Reserve Component Master Military Pay Account Form

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 her address at the time of her entrance into service was never on , this address belonged to her mother. She further states her rank/grade was SPC/E-4 upon the completion of her contract with the Army National Guard (ARNG).

3. The applicant's Official Military Personnel File contains:
1. 

   a. DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows she enlisted in the ARNG on 15 March 2010. The HOR listed is "

   b. USMEPCOM Form 680, dated 17 March 2010, which lists her personal address as 

4. The applicant entered active duty on 19 August 2010, and she was honorably released from active duty training on 17 December 2010, in the rank/grade of PV2/E-2. Item 7b of her DD Form 214 lists her HOR as 
5. The applicant was honorably released from the ARNG on 14 March 2016, in the rank/grade of SPC/E-4.

6. The applicant provides:

   a. Page 1 of a residential rental agreement dated 23 February 2010, which lists the location as 

   b. DD Forms 2808 and 2807-1, dated 15 March 2010, in which the home address was altered to list an address of 

   c. A Basic Allowance for Housing Addendum, dated 26 July 2010, which lists an address of 8

   d. USMEPCOM Form 680, dated 19 August 2010, which lists her personal address as "

   e. Page 2 of a Defense Joint Military Pay System-Reserve Component Master Military Pay Account Form, dated 19 December 2011, which lists her address as 

   f. A counseling form and memorandum dated 8 February 2015 and 21 November 2016, respectively, which note her rank/grade as SPC/E-4.

7. Regulatory guidance states that correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have
1. 

any legal effect on termination of a Soldier's service. The active duty grade or rank and pay grade at the time of separation will be entered in item 4 (Grade, Rate or Rank).

BOARD DISCUSSION:

1. After reviewing the application and all supporting documents, a majority of the Board found the requested relief is not warranted.

2. The Board unanimously agreed that the applicant's DD Form 214 for the period ending on 17 December 2010 accurately reflects the rank and grade she held when she was released from active duty. Her advancement to SPC/E-4 after her release from active duty is not a basis for changing the rank and grade on the DD Form 214 in question.  The DD Form 214 is intended to reflect the record of service as it exists on the date of release from active duty or discharge.

3. A majority of the Board concluded that the evidence does not support changing the HOR at time of entry recorded on her DD Form 214. The Board members noted that the applicant would have been the source of the HOR recorded at the time of enlistment, and the DD Form 214 reflects the address recorded in her enlistment documents.

4. The dissenting Board member concluded that the evidence does support changing the HOR at time of entry recorded on her DD Form 214. The dissenting member noted the rental agreement bearing the address the applicant claims is correct, and noted that the agreement commenced in the month prior to her enlistment, which would lead to the conclusion that the address recorded in her enlistment records was an error.


BOARD VOTE:


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:X	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: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) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. The active duty grade or rank and pay grade at the time of separation will be entered in item 4 (Grade, Rate or Rank).

3. The Joint Federal Travel Regulation (JFTR) provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier.
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