RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 AUGUST 2006
DOCKET NUMBER: AR20050017903
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul Smith | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Mr. Ronald Gant | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant request, in effect, that his home of record be changed on
his DD Form 214 (Certificate of Release or Discharge from Active Duty) to
South Dakota.
2. The applicant states that item 7b on his DD Form 214 lists his home of
record as Sioux Falls, Iowa, and Sioux Falls is in South Dakota.
Therefore,
he maintains that the state is incorrect.
3. The applicant provides a copy of his DD Form 214 and enlistment
documents.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Iowa National Guard on
20 September 1999. His home of record was listed as Ireton, Iowa, on
his enlistment/reenlistment document.
2. The applicant’s “Record of Military Processing – Armed Forces of the
United States” listed his current address and home of record as Ireton,
Sioux, Iowa. Additionally, the applicant’s DD Form 214, item 7b, lists his
home of record as Sioux Falls, Iowa.
3. A research of the internet revealed that Ireton, Iowa is a city in
Sioux County.
4. Army Regulation 601-280 (Army Retention Program) states that the home
of record is the place recorded as the home of the Soldier when entered
into the current tour of active duty. It is not necessarily the legal
domicile as defined for income tax purposes. Effective 1 January 1987,
Home of Record 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 home 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 one full day. Only if a break in service exceeds one full day, can
the home of record be changed by the member.
5. The Joint Federal Travel Regulation authorizes correction only when
through a bona fide error the place originally named at the time of current
entry into the service was not in fact the actual home. Any such
correction must be the actual home of the member upon entering the service,
and not a different place selected for the member’s convenience.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant’s home of record at
the time of his enlistment in the Iowa National Guard was Ireton, Iowa.
The fact that his DD Form 214, in error, shows his city as Sioux Falls
instead of Ireton, Sioux County, is not justification to change his state
from Iowa to South Dakota.
2. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___PS _ __LD____ ___RG __ 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.
_______Paul Smith_________
CHAIRPERSON
INDEX
|CASE ID |AR20050017903 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060829 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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