RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 June 2007
DOCKET NUMBER: AR20060015295
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Chester A. Damian
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 that his home of record be corrected from New Hampshire to Massachusetts.
2. The applicant states, in effect, that his orders show he was called to active duty from a home address in Massachusetts, not from the address listed on his 10 April 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides copies of his Massachusetts driver's license; a 10 April 2001 DD Form 214; a set of active duty activation orders, dated 5 March 2003; and a set of 7 June 2005 discharge orders.
CONSIDERATION OF EVIDENCE:
1. The available records do not include any of the applicant's original enlistment documentation. The earliest dated document of record is the applicant's 10 April 2001 DD Form 214.
2. The 10 April 2001 DD Form 214 shows the applicant entered active duty, in the Regular Army, on 11 March 1997 and was honorably released from active duty on 10 April 2001. It lists his place of entry onto active duty was Boston, Massachusetts and his home of record was Keene, New Hampshire.
3. Army Reserve Command Orders M-03-301216, dated 5 March 2003, ordered the applicant to active duty in support of Operation Enduring Freedom. His mailing address is listed as Leominster, Massachusetts.
4. On 24 March 2003 the above orders were amended. The mailing address remained as Leominster, Massachusetts.
5. A 4 June 2003 DD Form 93 (Record of Emergency Data) lists the applicant's address as Leominster, Massachusetts.
6. Headquarters Army Air Defense Artillery Center and Fort Bliss Orders 037-0015, dated 6 February 2004, released the applicant from active duty, effective 18 February 2004, and lists his home of record as Keene, New Hampshire.
7. The 18 February 2004 DD Form 214 lists the applicant's place of entry onto active duty as Fort Jackson, South Carolina and his home of record as Keene, New Hampshire.
8. Army Human Resources Command Orders D-06-519001, dated 7 June 2005, honorably discharged the applicant from the United States Army Reserve.
9. A copy of the applicant's Massachusetts drivers license lists his address as the same one as on the orders activating him in 2003.
10. Army Regulation 600-8-104 states that the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.
11. Army Regulation 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports), paragraph 4-6 (Requests for change of home of record) states that after entry on active duty, the permanent home address (home of record) of Reserve Component personnel may not be changed. The only exception is when an administrative error was made in designating the permanent home address at the time active duty orders were prepared.
DISCUSSION AND CONCLUSIONS:
1. The applicant does not contend that his home of address was incorrect at the time of his initial period of active duty or on his first DD Form 214.
2. A Reserve Soldier may change their home of record only when they reenlist or are ordered into the relevant tour of active duty.
3. While there is no indication that the applicant formally requested that his home of record be changed at the time he was recalled to active duty in 2003, the records clearly show he was a resident of Massachusetts at the time and considered that his home of record.
4. Therefore, it is appropriate to correct the records to show that, as of 3 June 2003, the applicant's home of record was changed to Leominster, Massachusetts.
BOARD VOTE:
LDS __ __JRS __ __CD_____ 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 the applicant's home of record, as of 3 June 2003, is Leominster, Massachusetts.
__ Linda D. Simmons_____
CHAIRPERSON
INDEX
CASE ID
AR20060015295
SUFFIX
RECON
DATE BOARDED
20070605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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