BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090021990


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 her home of record (HOR) be changed from an Escondido, CA address to a Canton, OH address.

2.  The applicant states she no longer has a home at her old HOR.  She asks for an exception to policy due to medical and financial reasons.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army at the San Diego, CA, Military Entrance Processing Station (MEPS) for a period of 4 years on 17 May 2007.  Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document) shows her HOR as "Escondido, CA" and item 4 (Place of Enlistment) shows the entry "San Diego, CA."  She authenticated this form by placing her signature in the appropriate block.

2.  On 29 May 2009, the applicant reenlisted in the Regular Army for 6 years at Fort Shafter, HI.  Item 3 of her DD Form 4 shows her HOR as "Escondido, CA."

3.  On 17 February 2010, the applicant underwent a Physical Evaluation Board (PEB) which found her unfit with a disability rating of 40 percent.  The PEB recommended she be placed on the Temporary Disability Retired List.

4.  The applicant's integrated Personnel Electronic Records Management System (iPERMS) file does not contain her DD Form 214 (Certificate of Release or Discharge from Active Duty) or her retirement orders.  It does contain a Servicemembers' Group life Insurance Election and Certificate (SGLV-8286).  This document shows her sister resides in Escondido, CA and her mother resides in Canton, OH.

5.  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 military service.  It is important that information entered on the form be complete and accurate.  This regulation specifies the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7 of the DD Form 214 shows the place of entry onto active duty and home of record at time of entry.  Item 7a shows the city and state where the Soldier entered active duty.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR.  HOR is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  A Soldier’s initial enlistment contract or appointment document is the source for this data, or any approved change by the Enlisted Records and Evaluation Center.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, Volume 1, App A, Part I).  HOR 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 wants her HOR changed.

2.  The applicant's initial enlistment contract and reenlistment contract show her HOR as Escondido, CA.  She apparently lived with her sister at that address, and she now apparently lives with her mother in Canton, OH.

3.  The HOR cannot be changed without a break in service.  The applicant enlisted on 17 May 2007 and reenlisted on 29 May 2009 without a break in service.  It appears her HOR is correctly listed as Escondido, CA.


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)                                         AR20090021990



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ABCMR Record of Proceedings (cont)                                         AR20090021990



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