IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230002000 APPLICANT REQUESTS: * the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * item 7b (Home of Record (HOR) at Time of Entry) to show the same address as reflected in item 19 (Mailing Address After Separation) * item 11 (Primary Specialty) “6 years, 6 months, and 19 days” in lieu of “6 years and 5 months” * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) add the Joint Service Achievement Medal * item 14 (Military Education) add the 14-week, officer candidate graduate course, completed in September 1996 * video or telephonic appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * four DD Forms 149 (Application for Correction of Military Record) * DD Form 214 * High School Diploma * Bachelor’s Degree * Joint Service Achievement Medal Certificate and Citation * DD Form 2586 (Verification of Military Experience and Training) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 in four applications submitted to the Board, that the address in item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) of his DD Form 214 is his mother's address. He and his wife lived with his mother several years prior to his joining the Army. He also lived with his mother many years before marrying his wife. His mother continued to live at this address throughout his period of enlistment and he and his wife lived at this address for a while after his enlistment. He also states: a. His DD Form 214 erroneously states his HOR was “Idaho.” He lived most of his life in Texas prior to joining the Army, and he has lived most of his life in since being discharged from the Army. He was raised in, attended high school and college in, and his car was registered in. He was also married in and his son was born in. He has worked, mostly in, his Leave and Earnings Statements, paystubs, and Internal Revenue Service 1040's show he paid taxes in for 6 1/2 years while he was in the Army. His belongings were flown back to after he was discharged. In fact, he and his wife currently reside in a home they own in. b. His DD Form 214 lists his HOR as Idaho because he enlisted in the Army when he was visiting his father-in-law in Idaho. His father-in-law convinced him to join the Army when he was visiting. c. He has learned that he may not qualify for the State of Act, due to the HOR error on his DD Form 214. [The Act is a State of benefit that provides qualified veterans, spouses, and dependent children education benefits up to 150 hours of tuition exemption at public institutions of higher education in.] He believes the forfeiture of this benefits will cost him thousands of dollars in tuition and fees that may be exempted if his DD Form 214 is corrected. 3. Additionally, he states the Joint Service Achievement Medal should be added to item 13 of his DD Form 214. The 14-week officer candidate graduate course completed in September 1996 should also be added to item 14 of his DD Form 214. 4. The applicant provided: * High School Diploma showing he graduated from high school in Fort Wayne, Texas on 29 May 1984 * Bachelor of Science in Business Administration showing he graduated from the University on 19 August 1991 * a Joint Service Achievement Medal Certificate and Citation showing he received this award for meritorious service on 3 February 1999 * DD Form 2586 (Verification of Military Experience and Training) showing he completed the officer candidate course in 1996 5. A review of the applicant’s service record shows: a. On 7 March 1992, as part of his military entrance processing a DD Form 1966 (Record of Military Processing-Armed Forces of the United States) was completed showing the contested address as his current address and HOR. b. On 10 March 1992, a Standard Form (SF) 88 (Report of Medical Examination) was completed showing the contested address as his home address. c. On 10 March 1992, a DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the United States Army Reserve (USAR) for 8 years. The contested address was listed as his HOR. His place of enlistment is listed as “, , .” d. On 2 April 1992, he enlisted in the Regular Army for 6 years. The contested address remained his HOR. His HOR was not changed. He completed the training requirements, and he was awarded military occupational specialty (MOS) 73D (Accounting Specialist). e. He was assigned to Germany from 17 August 1992 to 23 December 1995. 6. The applicant’s DA Form 2-1 (Personnel Qualification Record), item 4 (Assignments and Considerations) shows he was in a “Casual status-temporarily withdrawn from the Officer Candidate School (OCS) Class 3-96, effective 2 May 1996, due to leadership/to be recycled into OCS Class 4-96, effective 16 June 1996/voluntary disenrolled from OCS Class 4-96, Family emergency 22 July 1996.” Additionally, his DA Form 2-1 reflects in: a. Item 17 (Civilian Education and Military Schools): * “USASSI,” Accounting Specialist Course (MOS 73D), Fort Benjamin Harrison, IN, duration 8 weeks, completed, “Yes,” 1992 * United States Army Infantry School (USAIS), Fort Benning, GA, OCS Class 3-96, duration 10 weeks, completed, “No,” 1996 * USAIS, Fort Benning, GA, OCS Class 4-96, duration 14 weeks, completed, “No,” 1996 b. Item 35 (Record of Assignments), he attended basic training from 9 April to 27 May 1992 and advanced individual training from 28 May to 30 July 1992. 7. On 21 October 1998, the applicant was issued a DD Form 214 showing he was honorably discharged. He completed 6 years, 6 months, and 20 days of net active service. His DD Form 214 also shows in: * HOR reflects the contested address * Primary Specialty “6 years and 5 months” * Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized Army Commendation Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bar * Military Education lists Accounting Specialist, 8 weeks, 1992 8. There is no authority to change the HOR officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered in the records or on the DD Form 214. 9. His DD Form 214 and DA Form 2-1 confirms his Accounting Specialist training lasted 8 weeks in 1992. He was awarded the MOS after completion of training. Training time does not count toward the time he held the MOS. His DD Form 214, Primary Specialty shows he held MOS 73D for 6 years and 5 months. His total active-duty time was 6 years, 6 months, and 20 days. 10. The applicant provided a DD Form 2586 showing he completed the 14-week, officer candidate graduate course in September 1996. There is no Service School Academic Evaluation Report or military certificate for completion of training available. His DA Form 2-1 shows he voluntarily disenrolled from the OCS Course, due to a family emergency, and did not complete the training. 11. Army Regulation 15-185 states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board found the evidence confirms the applicant provided an address in Idaho as his HOR when he enlisted. The Board found no evidence of error in the HOR at time of entry recorded on his DD Form 214 and determined the entry should not be changed. 3. The Board noted the time recorded in item 11 of the DD Form 214 does not include training time for the military occupational specialty. The Board determined the time recorded in item 11 of the applicant’s DD Form 214 is correct. 4. The Board noted the applicant’s record shows he was voluntarily disenrolled from OCS. The Board found insufficient evidence to confirm he actually completed the course and determined it should not be listed on his DD Form 214. 5. The Board concurs with the correction described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as shown in Administrative Note(s) below. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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): The Joint Service Achievement Medal certificate and citation provided by the applicant are sufficient as a basis for adding the medal to his DD Form 214 without Board action. REFERENCES: 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. 2. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. a. 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. Source documents consist of the enlisted record brief, and any other document authorized for filing in the official military personnel file. b. A Soldier's initial enlistment contract is the source for the HOR data, the street, city, state, and zip code are entered as the HOR. c. HOR is the place recorded as the HOR of the Soldier when enlisted. This cannot be changed unless there is a break in service of at least one full day. HOR is not always the same as the legal domicile. 3. AR 635-8 (Separation Processing and Documents), currently in effect, provides that a Soldier’s initial enlistment contract or appointment document is the source for HOR data, or any correction approved by the HRC. HOR is the place recorded as the home when the Soldier is commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in active service of at least 1 full day or is determined by HRC to be factually incorrect. 4. AR 600-8-22 (Military Awards), in effect at the time, provides policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It prescribes the policies and procedures concerning foreign decorations. a. Awards of decorations and the Good Conduct Medal made by principal HQDA officials will be announced in permanent orders. Awards of decorations and the Good Conduct Medal made according to delegated authority will be announced in permanent orders by the commanders authorized to make the awards. b. The Joint Service Achievement Medal (JSAM) was authorized by the Secretary of Defense on 3 August 1983 and implemented by DOD 1348.33-M. It is awarded in the names of the Secretary of Defense to members of the Armed Forces of the United State below the grade of 0-6 who, after 3 August 1983, distinguished themselves by outstanding performance of duty and meritorious achievement. 5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides policies and procedures for preparation of enlistment contracts. It states the home of record (HOR) address entered on the enlistment contract will be the address declared by the individual to be his/her permanent home or actual home at the time of enlistment. The address entered on the DD Form 1966 must be in the continental United States or a U.S. territory. A temporary address will not be entered. 6. Army Regulation 601-280 (Army Retention Program), table 11-1, provides instructions for completing the DD Form 4. It 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. 7. The Joint Travel Regulations provide 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 the time of entry into 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. 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002000 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1