RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012901 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. David K. Haasenritter

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 correction of Item 7a (Place of Entry Into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 May 2007, to show "Fort Bragg, North Carolina", instead of "San Antonio, Texas."

2.  The applicant states that he was discharged from his enlisted status on 12 February 1992 and was ordered to active duty and executed his oath of office as a Warrant Officer at Fort Bragg, North Carolina, on 13 February 1992.

3.  The applicant provides the following documentary evidence in support of his application: 

	a.  DD Form 214, dated 31 May 2007.

	b.  DD Form 214, dated 12 February 1992.

	c.  Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, Orders 24-86-A-009, dated 24 January 1992 (Active Duty Orders).

	d.  Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, Orders 21-86, dated 21 January 1992 (Discharge Orders)

	e.  DA Form 71 (Oath of Office-Military Personnel), dated 13 February 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that, with prior service in the U.S. Marine Corps Reserve, he enlisted in the U.S. Army Reserve on 31 May 1979 in St. Louis, Missouri.  He later enlisted in the Regular Army on 17 October 1980 in St. Louis, Missouri.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76P (Materiel Control and Accountability Specialist).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 16 October 1983. 

2.  The applicant’s records further show that after a short break in service, he enlisted in the Regular Army for a period of 3 years on 20 November 1984 in San Antonio, Texas.  He completed the Special Forces Qualification Course and was awarded MOS 18E (Special Forces Communications Sergeant).  He subsequently executed a series of extensions and/or reenlistments.  The highest enlisted grade he attained was sergeant first class (SFC)/E-7. 

3.  On 2 July 1990, the applicant submitted an application for appointment as a warrant officer of the U.S. Army Reserve.  He was accepted as a Special Forces Warrant Officer and completed the Warrant Officer Technical Certification Course in February 1992.

4.  On 21 January 1992, Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, published Orders 21-86 reassigning the applicant to the U.S. Army Transition Point, Fort Bragg, North Carolina, with a reporting date of 11 February 1992.  His date of discharge was 12 February 1992.  

5.  On 24 January 1992, Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, published Orders 24-86-A-009, ordering the applicant to active duty in the grade of Warrant Officer One with assignment to the 1st Special Forces Group, Fort Lewis, Washington.  The Orders further stated that the applicant would be discharged from his enlisted status on the day preceding the effective date of his appointment and that to preclude a break in service, the oath of office would be administered the day after discharge.  The effective date of appointment was 13 February 1992. 

6.  On 12 February 1992, the applicant was discharged in accordance with chapter 16 of Army Regulation 635-200 (Personnel Separations) by reason of accepting an appointment as a warrant officer.  The DD Form 214 he was issued on 12 February 1992 shows the entry “San Antonio, TX” in Item 7e and the entry “8802 Tradewinds #309 San Antonio TX 78239” in Item 7b (Home of Record at Time of Entry).

7.  On 13 February 1992, the applicant executed an oath of office at Fort Bragg, North Carolina. 

8.  The applicant subsequently served in a variety of assignments within the Special Forces community in the United States and overseas.  He was promoted to the grade of chief warrant officer four (CW4) on 1 November 2004 and retired on 31 May 2007.  

9.  The DD Form 214 he was issued on 31 May 2007 shows he completed 26 years, 1 month, and 18 days of active military service.  Item 7e of this form reflects the entry “San Antonio, Texas” and Item 7b reflects the entry “8802 Tradewinds San Antonio Texas 78239.”

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

11.  Item 7 of the DD Form 214 shows the place of entry onto active duty and home of record at time of entry.  A Soldier’s initial enlistment contract or appointment document is the source for this date, or any approved change by the Enlisted Records and Evaluation Center (EREC).  Item 7a shows the city and state where the soldier entered active duty.  Item 7b shows the street, city, state and ZIP code listed as the Soldier’s home of record. “Home of Record” 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, App A, Part I).  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a soldier’s career.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant “entered active duty” in San Antonio, Texas, when he enlisted in the Regular Army on 20 November 1984. Therefore, San Antonio, Texas, was established as his home of record and the entry is shown correctly in Item 7e of his DD Form 214, dated 31 May 2007. 

2.  Evidence of record further shows that the applicant did not have a break in service when he was discharged as an enlisted member and was appointed as a warrant officer.  The fact that he executed his oath of office on 13 February 1992 at Fort Bragg, North Carolina, did not change his home of record.  Therefore, the entry in Item 7b is also shown correctly.

3.  There is no evidence in the applicant’s record and the applicant did not provide sufficient evidence that warrants correction of his records.  Therefore, he is not entitled to relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__dkh___  __jrh___  __eem___  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.




						David K. Haasenritter
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.