IN THE CASE OF:	   

		BOARD DATE:	        3 March 2009

		DOCKET NUMBER:  AR20080019161 


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, in effect, that block 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show Peoria, Illinois instead of Auburn, Indiana.

2.  The applicant states, in effect, that he was born in Peoria, Illinois and attended twelve years of school in Peoria, Illinois.  He argues that he was working in Indiana for only a short time when he decided to join the U.S. Army.  He continues that he has always considered himself an Illinois resident.  He concludes that his home of record for the entire time he was in the Army was Illinois.

3.  The applicant provides a DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 February 2005 and served as a cavalry scout until he was released from active duty on 4 July 2008.

2.  The applicant's enlistment contract shows his home of record as Auburn, Indiana.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows an address in Auburn, Indiana.  



3.  Block 7b on the applicant's DD Form 214 shows an address in Auburn, Indiana.

4.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states, in pertinent part, that the street, city, state, and zip code listed as a Soldier's home of record would be entered in block 7b on the DD Form 214.  “Home of Record” is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least one full day.  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show his home of record as Peoria, Illinois has been carefully reviewed and found to be without merit.

2.  Although the applicant contends he was working in Indiana only for a short time when he decided to join the U.S. Army and that his home of record has always been Illinois, his enlistment contract shows his home of record is Auburn, Indiana.  His DD Form 1966 also shows his residence as Auburn, Indiana.  Therefore, in accordance with the governing regulations, block 7b appears to be correct on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____   ___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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080019161



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019161



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1