IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140016357 


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 that his home of record (HOR) be changed to Austin, Texas. 

2.  The applicant states, in effect, that he has lived in Austin, Texas all of his life and he intended that his HOR be listed as such.  He was visiting Las Vegas, Nevada when he enlisted and was living there for only a short period before he enlisted.  His enlistment contract shows his HOR as Austin, Texas; however, his DD Form 1966 which was subsequently prepared reflects a HOR of Las Vegas, Nevada.

3.  The applicant provides a list of documents provided with his application on page five of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 November 2007 for a period of 3 years.  At the time of his enlistment he indicated his HOR was in Austin, Texas.  However, his HOR was recorded on separate documents showing a HOR of Austin, Texas and Las Vegas, Nevada.  

2.  He completed his training and continued to serve until 30 September 2014 when he was honorably released from active duty (REFRAD) due to completion of required service.  The DD Form 214 he was issued at the time of his REFRAD shows his HOR as Las Vegas, Nevada.

3.  The applicant's official records show his parents reside in Austin, Texas and his address after separation is in Austin, Texas.

4.  The Joint Federal Travel Regulation provides, in effect, 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 a 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 that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his HOR should be corrected to show Austin, Texas instead of Las Vegas, Nevada has been noted and found to have merit.

2.  The applicant resided in Austin, Texas the majority of his life and his parents still reside there.  Accordingly, it is reasonable to presume, especially since his DD Form 4 (Enlistment Contract) shows Austin, Texas, that his actual HOR was Austin, Texas. 

3. Accordingly, his DD Form 214 should be corrected to show his HOR as Austin, Texas (Same address as reflected on his DD Form 4/1).

BOARD VOTE:

___x____  ___x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing his HOR as the same address in Austin, Texas that is reflected on his  DD Form 4/1.



      _______ _   _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)                                         AR20140016357



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ABCMR Record of Proceedings (cont)                                         AR20140016357



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