RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060009434
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
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 7.b (Home of Record at Time of Entry), from Cider City, Utah, to Grand Prairie, Texas.
2. The applicant contends that his parents address was used instead of his home of record at the time of his mobilization. He would be most grateful and he would be able to receive veterans state benefits.
3. The applicant provides copies of his DA Form 4836 (Oath of Extension of Enlistment/Reenlistment), his mobilization orders, his deployment orders, and his DD Form 214, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the California Army National Guard on 13 May 1988. He was released from the California Army National Guard on 21 October 1997 and transferred to the Utah Army National Guard.
2. He was released from the Utah Army National Guard on 4 May 2001 and transferred to the Texas Army National Guard. He extended his enlistment in the Texas Army National Guard on 3 February 2002, for 6 years.
3. The State of Texas, Adjutant General's Department, issued Orders Number 214-258, dated 2 August 2002, ordering the applicant to active duty as a member of the Texas Army National Guard in support of Operation Noble Eagle with a reporting date of 4 August 2002. The orders list the Grand Prairie, Texas, address as his home of record.
4. The Department of the Army, Headquarters, US Army Air Defense Artillery Center and Fort Bliss, Texas, issued Orders Number 234-89, dated 22 August 2002, deploying the applicant in support of Noble Eagle with a will proceed date of 15 August 2002, for 365 days. The orders stated in Item 5(k) that for active duty Soldiers, including active guard/reserve, basic allowance for housing (BAH) is based upon their home of record (HOR).
5. The applicant was released from active duty on 31 July 2003 and transferred to a Texas Army National Guard unit. Items 7.b of his DD Form 214 shows a Cider City, Utah, address as his home of record.
6. The applicant was transferred to the Utah Army National Guard on 29 September 2003. He was discharged from the Utah Army National Guard on 1 May 2005 and transferred to the Retired Reserve.
7. The Joint Travel Regulations defines an individual's home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. The Joint Travel Regulations serve as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty. It states, in pertinent part, that a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows his home of record at the time of mobilization on active duty was the Grand Prairie address. Therefore, he is entitled to correction of his DD Form 214, Item 7.b to show his Grand Prairie, Texas, address.
2. In accordance with the provisions for changing a home of record if it is found a bona fide error was made, it has been determined that given the applicant was transferred to the Texas Army National Guard in 2001, extended his enlistment in the Texas Army National Guard in 2002, and his mobilization orders list the Grand Prairie, Texas address, his DD Form 214 should show that address. It is concluded in the interest of justice and equity, there is a sufficient evidentiary basis to conclude that had the applicant been given the opportunity to designate a permanent HOR on his DD Form 214, he would have chosen Grand Prairie, Texas.
3. The Board wishes to point out that this decision to change his home of record in Item 7.b of his DD Form 214 will not automatically entitle him to receive veterans state benefits administered by the State of Texas. That action is not within the purview of this Board, and will have to be addressed and pursued through appropriate local officials.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
_BJE ___ _MJF___ __LDS __ 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 on his DD Form 214, Block 7.b (Home of Record at Time of Entry) as the Grand Prairie, Texas, address and by providing him a separation document with this correction.
____
CHAIRPERSON
INDEX
CASE ID
AR20060009434
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
112.01
2.
3.
4.
5.
6.
ABCMR Record of Proceedings (cont) AR20060009434
4
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BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
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