ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20180016591 APPLICANT REQUESTS: in effect, through his counsel, correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 21 October 1969 to show his HOR as an address in instead of an address in a. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * One page self-authored statement 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 born in and moved to at the age of seven in 1955 and has continuously been a resident ever since. He was in Minnesota visiting his ill mother at the time he was drafted. His DD Form 214 clearly shows his selective local board as being in and his permanent address for mailing in . 3. A Standard Form 88 (Report of Medical Examination) shows the applicant was given an induction physical on 16 January 1968. His home address is listed as 4. Item 15 (List of All Residences from 1 January 1937) of DD Form 398 (Statement of Personal History), dated 19 March 1968 shows the applicant listed his residences as: * 1948 to 1953 as * 1953 to 1968 as 5. The applicant was inducted into the Army of the United States on 31 March 1968. His DD Form 47 (Record of Induction) shows his HOR as an address in Two Harbors, Minnesota. It also notes his induction was transferred to the Two Harbors, Minnesota Local Board No. 62. 6. The applicant was honorably released from active duty on 21 October 1969. His DD Form 214, which he authenticated with his signature, shows in: * Item 21 (Home of Record at Time of Entry into Active Service), the entry " * Item 31 (Permanent Address for Mailing Purposes after Transfer or Discharge), the entry 7. A review of the applicant's record shows no evidence that he incurred a break in service at any time during his period of active duty service. 8. Joint Federal Travel Regulation 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. It may only be change if 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 may not be a place selected for the convenience of the Soldier. 9. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, states to enter in item 21 the home of record at time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at time of entry on active duty. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his Selective Service Local Board address, the addresses and dates shown on the Standard Form 88, DD Form 398, DD Form 47 and the applicant’s DD Form 214. Based on a preponderance of evidence, the Board determined that correction of the applicant’s the Home of Record as shown on his DD Form 214 was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 21 October 1969 to reflect in item (Home of Record at Time of Entry Into Active Service) - 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. The Joint Federal Travel Regulation 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 an 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. Only if a break in service that exceeds one full day may the member change the home of record. It may not be a place selected for the convenience of the Soldier. 3. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, established the standardized policy for preparing and distributing the DD Form 214. This version directed that the purpose of the separation document was to provide the separating service member with documentary evidence of his or her military service. It noted a DD Form 214 would be issued to enlisted personnel at the time of change of status or extension of active duty. a. Item 21 (Home of Record at Time of Entry into Active Service), enter home of record at time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at time of entry on active duty. b. Item 31 (Permanent Address for Mailing Purposes after Transfer or Discharge), enter the permanent address for mailing purposes furnished by the individual at time of separation. This should be the place of residence or forwarding address. ABCMR Record of Proceedings (cont) AR20180016591 4 1