Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060004724C070205
Original file (20060004724C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004724


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine 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 request, in effect, that his home of record be changed on
his DD Form 214 (Certificate of Release or Discharge from Active Duty) to
Whitewater, Wisconsin.

2.  The applicant states that item 7b, on his DD Form 214, lists his home
of record as Rochester, Minnesota, and that address shown was a temporary
address while attending school.  Therefore, he requests that his address be
listed as Whitewater, Wisconsin.

3.  The applicant provides copies of his Leave and Earning Statements.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the United States Army
Reserve for a period of 8 years on 16 January 1998.  His home of record on
his enlistment/reenlistment document was listed as Edgerton, Wisconsin.

2.  The applicant provided three Leave and Earning Statements which show
Wisconsin for state income taxes.

3.  The applicant’s DD Form 214, from 8 June 1999 to 6 August 1999, lists
his home of record in item 7b as Edgerton, Wisconsin.

4.  The applicant’s DD Form 214, from 5 October 2004 to 21 November 2004,
lists his home of record in item 7b as Rochester, Minnesota.

5.  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.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that the applicant’s home of record at the
time of his enlistment was Edgerton, Wisconsin.  Therefore, the applicant’s
DD Form 214 should be corrected to show this address.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP __  ___RR __  ___EF __  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing his home of record as Edgerton,
Wisconsin.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing his home of record to Whitewater, Wisconsin.




                                  ____Margaret Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004724                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120012705

    Original file (20120012705.txt) Auto-classification: Approved

    The applicant requests correction of his records to change his home of record (HOR) from Rochester, NY to Madison, WI. The author requested a change of address from Madison, WI to Rochester, NY. Army Regulation 635-5 clearly states the HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.

  • ARMY | BCMR | CY2014 | 20140020066

    Original file (20140020066.txt) Auto-classification: Denied

    The applicant requests that his home of record (HOR) be corrected to show that his HOR is Kentucky. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. As such, his DD Form 214 correctly listed the correct...

  • ARMY | BCMR | CY2005 | 20050017903C070206

    Original file (20050017903C070206.doc) Auto-classification: Denied

    Ronald Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. 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.

  • ARMY | BCMR | CY2014 | 20140016034

    Original file (20140016034.txt) Auto-classification: Denied

    The applicant requests his home of record (HOR) be changed from his address in Aiken, SC to Wisconsin Rapids, WI on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 November 2011. The applicant provides his DD Form 214 for the period ending 18 November 2011. The evidence of record shows he served in the RA from 16 November 2000 to 3 March 2006.

  • ARMY | BCMR | CY2009 | 20090014295

    Original file (20090014295.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 215 shows that he entered active duty on 6 July 1979. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his home of record as 1970 W. Melvina Street, Milwaukee, Wisconsin, and providing him with a correction to his DD Form 214.

  • ARMY | BCMR | CY2014 | 20140007508

    Original file (20140007508.txt) Auto-classification: Denied

    The applicant requests his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Texas. Upon being medically discharged from active duty, his HOR on his DD Form 214 was listed as Ohio. The evidence of record confirms that the applicant’s HOR at the time of his enlistment in the RA was Ashtabula, OH.

  • ARMY | BCMR | CY2014 | 20140015250

    Original file (20140015250.txt) Auto-classification: Denied

    The applicant requests his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Alabama. The evidence of record confirms the applicant's HOR at the time of his enlistment in the RA was Buffalo, NY. The evidence of record verifies that his HOR was recorded as Buffalo, NY when he enlisted in the military in 1990 and at his reenlistment in 1994.

  • ARMY | BCMR | CY2012 | 20120011119

    Original file (20120011119.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Texas" instead of "Paterson, New Jersey." The applicant states his DD Form 214 does not show his HOR had been changed before reenlistment. By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR...

  • ARMY | BCMR | CY2013 | 20130015488

    Original file (20130015488.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "El Paso, Texas" instead of "Los Angeles, California." The DD Form 214 he was issued at the time shows in: * item 7a (Place of Entry Into Active Duty) - "Los Angeles, California" * Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Los Angeles, California" 10. The applicant's contention that his HOR should...

  • ARMY | BCMR | CY2013 | 20130012113

    Original file (20130012113.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Springtown, Texas" instead of "Fort Stewart, GA." 2. The applicant provides a DD Form 2058, dated 31 July 2007, which shows his legal residence as "Springtown, TX." By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially...