Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050017903C070206
Original file (20050017903C070206.doc) Auto-classification: Denied



                            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.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00713

    Original file (BC-2006-00713.doc) Auto-classification: Approved

    On 20 Mar 06, AFPC/DPPAE requested the applicant provide documentation to support her claim (i.e., 2002 W-2 from CA, if wages were earned any time during that year, a photocopy of CA drivers license issued before entry on active duty, or a copy of her CA vehicle registration, etc. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that her...

  • ARMY | BCMR | CY2008 | 20080017695

    Original file (20080017695.txt) Auto-classification: Approved

    The applicant states, in effect, that he is a South Dakota resident who was in a Job Corps program and was sent to Utah by the State of South Dakota. The evidence of record clearly shows that at the time the applicant was processing for enlistment he indicated that his HOR was in Wagner, South Dakota; however, when his DD Form 4/1 was completed, it indicates that his HOR was in Clearfield, Utah, which is the address for the Clearfield Job Corps Center. Therefore, since he has shown that...

  • ARMY | BCMR | CY2007 | 20070011858

    Original file (20070011858.TXT) Auto-classification: Denied

    The applicant requests, in effect, that item 7a (Place of Entry Into Active Duty) be changed to Butler Country Alabama and item 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to Route 3, Box 242AA, Greenville, Alabama (AL). The evidence of record further shows that the applicant and U.S. Army representative certified his HOR as Pensacola, FL, and the PLEAD as Montgomery, AL, where the applicant subsequently...

  • ARMY | BCMR | CY2007 | 20070013101

    Original file (20070013101.TXT) Auto-classification: Approved

    Item 18 of the applicant's DD Form 214 shows he received $714,600.00 disability severance pay upon his discharge from the Army. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Evidence of record shows that the name of the city where the applicant entered active duty was misspelled on his DD Form 214.

  • ARMY | BCMR | CY2014 | 20140008122

    Original file (20140008122.txt) Auto-classification: Denied

    The applicant provides: * DD Form 214 * Enlisted Record Brief (ERB), dated 27 April 2010 * birth certificate from the county of Dallas * high school diploma * three driver licenses issued by the State of Texas CONSIDERATION OF EVIDENCE: 1. This form provided the following information in: * item 3 (Current Address) - an address at Fort Bragg, Cumberland, NC * item 4 (HOR Address) - an address in Fayetteville, Cumberland, NC * item 14 (Valid Driver's License (State, number, and expiration...

  • ARMY | BCMR | CY2006 | 20060008692C071108

    Original file (20060008692C071108.doc) Auto-classification: Denied

    The applicant requests, in effect, correction of his Home of Record (HOR) shown on his separation documents. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time of the applicant's enlistment, shows, in pertinent part, that the DD Form 1966-Series is completed by Army recruiting officials on a person applying for enlistment in the RA or USAR and is used to determine eligibility for further processing after the DD Form 1966-Series is completed and...

  • ARMY | BCMR | CY2008 | 20080012976

    Original file (20080012976.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 20 of the DD Form 214, in effect at the time, shows the city and state where the Soldier entered active duty and Item 21 shows the Soldier’s home of record (street, city, county, state, and zip code). With respect to the applicant’s date of induction, the evidence of record clearly shows the applicant was inducted in 1966, not 1968 as shown on his DD Form 214.

  • ARMY | BCMR | CY2006 | 20060003697C070205

    Original file (20060003697C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his Home of Record (HOR) and the Place of Entry on Active Duty (PLEAD) that are shown on his separation documents. The applicant’s military service records contain a copy of a DD Form 4/3, dated 23 July 2002. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time of the applicant's enlistment, shows, in pertinent part, that the DD Form 1966-Series is completed by Army recruiting officials on a...

  • ARMY | BCMR | CY2002 | 2002076123C070215

    Original file (2002076123C070215.doc) Auto-classification: Approved

    The applicant requests that item 7b, Home of Record at Time of Entry, on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect ____________, Montgomery, Alabama. Home of record is the place recorded as the home of record of the soldier when enlisted or ordered to a tour of active duty. That the applicant’s 30 November 1996 DD Form 214 be corrected by showing in item 7b of that form that her home of record at time of entry is ____________,...

  • ARMY | BCMR | CY2007 | 20070000620

    Original file (20070000620.txt) Auto-classification: Denied

    It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action. The applicant contends, in effect, that he is entitled to award of the Purple Heart because he was wounded in action in July 1945 while serving with the 145th Infantry Regiment, 37th Division, on Luzon Island during World War II. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.