RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060003697


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine I Fields            |     |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 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.

2.  The applicant states, in effect, that the HOR and PLEAD that are shown
on his separation orders and discharge document are wrong and should be
corrected.

3.  The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment
Document - Armed Forces of the United States), dated 17 May 2002; Army
Electronic Ten-Print Fingerprint Search Response Information, dated 17 May
2002; Enlisted Record Brief, dated 25 February 2005; Headquarters, Walter
Reed Army Medical Center, Washington, District of Columbia (DC), Orders
033-0001, dated 2 February 2005; and DD Form 214 (Certificate of Release or
Discharge from Active Duty), with an effective date of 27 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a DD Form 1966-Series
(Record of Military Processing - Armed Forces of the United States)
completed by the applicant and an Armed Forces representative to determine
the applicant's eligibility for enlistment in the Armed Forces of the
United States.  Section I (Personal Data), Item 4 (Home of Record Address),
of this document shows, in pertinent part, the applicant indicated his HOR
was Oakland, California.

2.  The applicant’s military service records contain a DD Form 4
(Enlistment/ Reenlistment Document, Armed Forces of the United States),
dated 17 May 2002, which shows that he initially enlisted in the U.S. Army
Reserve (USAR) on 17 May 2002 for a period of 8 years.  Item 3 (Home of
Record) of this document contains the entry "#### ____ Ave #G, Oakland, CA
94606-0000."  Item 4 (Place of Enlistment/Reenlistment) of this document
shows that the applicant entered the USAR at the San Jose Military Entrance
Processing Station (MEPS), Mountain View, California.  This document also
shows that on 17 May 2002, the applicant, Armed Forces Service
representative, and enlistment officer certified the applicant's enlistment
in the USAR by signing the document in Item 13b,
Item 14e, and Item 19e, respectively.

3.  The applicant's DD Form 1966-Series, Section V (Recertification), Item
34 (Recertification by Applicant and Correction of Data at the Time of
Active Duty Entry), is absent an entry that the document required any
changes at the time of the applicant's enlistment in the RA.  This item
also shows that the applicant and Army recruiting official recertified and
signed this document on 23 July 2002.

4.  The applicant’s military service records contain a copy of a DD Form
4/3, dated 23 July 2002.  Section F (Discharge from Delayed
Entry/Enlistment Program) of this document shows that the applicant
requested to be discharged from the Delayed Entry/Enlistment Program (DEP)
and enlisted in the RA for a period of 4 years on 23 July 2002.  This
document shows in Section G (Approval and Acceptance by Service
Representative), Item 21d (Unit/Command Name) the entry "USA Recruiting
Battalion" and in Item 21e (Unit/Command Address) the entry "Mountain View,
CA  94043-2002."  This document also shows that the applicant confirmed his
enlistment in the RA by signing the oath in Item 22b on 23 July 2002.  This
document further shows in Item 23 (Enlistment Officer Certification) that
the captain serving at the San Jose MEPS, Mountain View, California,
verified that the oath was administered, subscribed, and duly sworn (or
affirmed) by the applicant before him on 23 July 2002.

5.  The applicant's military service records contain a copy of a Defense
Finance and Accounting Service (DFAS) Military Leave and Earnings Statement
(LES) for the period 1 - 30 September 2004.  This document shows in the
block for State Taxes the entry "CA" (i.e., California).

6.  The applicant's military service records contain a copy of
Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders 033-
0001, dated
2 February 2005.  These orders reassigned the applicant to the U.S. Army
Transition Center, Walter Reed Army Medical Center, Washington, DC, for
discharge from the RA on 27 February 2005 and show his HOR as Washington,
DC, and place of entry into active duty or ordered to active duty (Place
EAD or OAD) as Washington, DC.

7.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 27 February 2005.  Item 7a (Place of Entry
into Active Duty) contains the entry "Washington, DC" and Item 7b (Home of
Record at Time of Entry) contains the entry "Washington, DC  20307-5001".
Item 19a (Mailing Address After Separation) shows the entry "#### T______
G___ Road, Oakland, CA  94610".

8.  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 signed.

9.  Army Regulation 601-210, Table 5-1 (Instructions for Completing the
DD Form 1966-Series) shows, in pertinent part, that for Item 4 (Current
Address) to enter the street, city, county, state, and zip code as of date
of application.  For Item 5 (Home of Record Address) the instructions are
to enter the street, city
county, state, and zip code of address declared by the applicant to be
his/her permanent home or actual home at time of enlistment.  Do not enter
a temporary address.

10.  The instructions and required entry for Item 34 (Recertification by
Applicant and Correction of Data at Time of Active Duty Entry) show, in
pertinent part, that guidance counselors will use Item 34 to correct or
change DEP entries to RA entries when applicant is discharged from the DEP
for enlistment into the RA.  This item also shows that the applicant will
sign this section and then the guidance counselor will print their name,
grade, social security number, and sign with payroll signature.

11.  The Joint Federal Travel Regulations (JFTR), Appendix A (Definitions)
shows that the home of record (HOR) is the place recorded as the home of
the individual when commissioned, appointed, enlisted, inducted, or ordered
into a tour of active duty.  Note 2 of the definition provides that travel
and transportation allowances are based on the officially corrected
recording in those instances when, through a bona fide error, the place
originally named at time of current entry into the Service was not in fact
the actual home.  Any such correction must be fully justified and the home,
as corrected, must be the actual home of the member upon entering the
service, and not a different place selected for the member's convenience.

12.  The JFTR defines the Place From Which Called (or Ordered) to Active
Duty (PLEAD) as the place of acceptance in current enlistment, commission,
or appointment of members of the regular Services, or of members of the
Reserve components when enlisted, commissioned, or appointment for
immediate active duty.  This document also notes that the PLEAD changes
only if there is a break in service exceeding one full day, in which case
it is the place of entry into the new period of service.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents)
prescribes the separation documents required to be prepared and furnished
to Soldiers upon separation from the Army.  It also establishes
standardized policy for preparing and distributing the DD Form 214.
Paragraph 2-4 (Completing the DD Form 214) of this Army regulation contains
guidance on the preparation of the DD Form 214.  The instructions show that
for Item 7a (Place of Entry into Active Duty) a Soldier's initial
enlistment contract or appointment document is the source for this data, or
any approved change made by the custodian of the Official Military
Personnel File (OMPF).  This document also states to "enter the city and
state where the Soldier entered active duty.  For overseas enlistment
addresses, include the Army Post Office or Foreign Post Office."  The
instructions for Item 7b (Home of Record) state to "enter the street, city,
state, and zip code listed as the Soldier's home of record.  The 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.  This cannot be
changed unless there is a break in service of at least 1 full day (Joint
Federal Travel Regulations, Volume 1, Appendix A, Part I).  The home of
record is not always the same as the legal domicile as defined for income
tax purposes.  The legal domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the HOR and PLEAD on his
separation documents should be corrected because they were incorrectly
recorded at the time of his separation processing.

2.  The evidence of record shows that the applicant declared Oakland,
California as his HOR at the time he applied for and enlisted in the USAR.
The evidence of record also shows that the applicant enlisted in the USAR
at the San Jose MEPS in Mountain View, California on 17 May 2002.  The
evidence of record further shows that the applicant and U.S. Army
representative recertified his HOR as Oakland, California, and PLEAD as
Mountain View, California, when the applicant subsequently entered active
duty in the RA on 23 July 2002.

3.  The evidence of record shows that the orders reassigning the applicant
to the U.S. Army Transition Center, Walter Reed Army Medical Center,
Washington, DC, for discharge from the RA on 27 February 2005, incorrectly
show his HOR as Washington, DC.  The evidence of record also shows that
these orders incorrectly show his PLEAD as Washington, DC.

4.  The evidence of record further shows that this incorrect information on
the applicant's orders concerning his HOR and PLEAD manifested itself
(i.e., in the way of erroneous transportation and travel entitlements,
state benefits, etc.) when U.S. Army human resource officials issued the
applicant's DD Form 214, with an effective date of 27 February 2005,
showing the incorrect information.  Therefore, based on the foregoing, the
applicant's separation documents should be corrected to show his HOR as
Oakland, California  94606 and PLEAD as San Jose Military Entrance
Processing Station, Mountain View, California  94043.

BOARD VOTE:

__MKP___  ___RR__  __EIF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant's home of record as "Oakland, California
 94696" and place of entry into active duty as "Mountain View, California
94043."

2.  The Board also recommends that upon receipt of appropriate written
request and/or documentation from the applicant, along with a copy of this
Record of Proceedings, the Defense Finance and Accounting Service make
appropriate payment due the applicant which may result from this correction
of records.




                                  ___Margaret K. Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003697                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050227                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-24b(3)           |
|DISCHARGE REASON        |Disability with Severance Pay           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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