RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080002704
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.
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his home of record as Batson, Texas.
2. The applicant states that he was born in the state of Texas, was a resident of Texas at the time of his enlistment, and still is a resident of Texas.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 16 March 2004, the applicant enlisted in the Regular Army for 3 years. His Enlistment Document (DD Form 4) shows in Item 3 (Home of Record) his address as 47 Central Street, Bucksport, Maine. The applicant signed the form indicating that he had carefully read this document.
2. On 4 February 2008, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of sergeant, pay grade E-5 and had completed 3 years, 10 months, and 19 days of creditable active duty.
3. Item 7b (Home of Record at Time of Entry) on the applicants DD Form 214 indicates the address as 47 Central Street, Bucksport, Maine. The applicant signed this form.
4. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that a Soldiers initial enlistment contract or appointment document is the source for the Home of Record entry in Item 7b of the DD Form 214. It further states, Enter the street, city, state and ZIP code listed as a Soldiers home of record. Home of Record is the place recorded as the home of record of a 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. The home of record is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant provided 47 Central Street, Bucksport, Maine as his home of record at the time of his enlistment. Furthermore, his DD Form 214 shows this as his home of record at the time of his release from active duty.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__x_ ___x_____ ____x___ 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.
_________x_____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002704
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.
ARMY | BCMR | CY2010 | 20100014032
Application for correction of military records (with supporting documents provided, if any). The applicant requests that block 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 1991 be corrected to show El Paso, Texas, instead of Frederick, Maryland. "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.
ARMY | BCMR | CY2012 | 20120011119
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 | CY2014 | 20140006023
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2007 to change Item 7b (Home of Record (HOR) at Time of Entry) from the state of Illinois to Texas. There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the evidence of record shows upon the applicant's initial enlistment in the USAR and RA in 1987 he listed his HOR as...
ARMY | BCMR | CY2010 | 20100023154
IN THE CASE OF: BOARD DATE: 14 April 2011 DOCKET NUMBER: AR20100023154 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a San Antonio, TX address in Block 7b (Home of Record (HOR) at Time of Entry). In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in...
ARMY | BCMR | CY2013 | 20130020729
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of residence, i.e., Home of Record (HOR)), in item 7b (HOR at Time of Entry) from Spokane, WA, to Boerne, TX. His DD Form 1966/1 (Record of Military Processing) shows in item 4 (HOR Address) the entry "31XX S. Fixxx, Spokane, WA, 99223." In this case, the evidence of record shows upon his enlistment in the DEP and subsequent enlistment in the RA in May 2008, the...
ARMY | BCMR | CY2011 | 20110017060
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record as Texas. ABCMR Record of Proceedings (cont) AR20110017060 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017060 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120020960
The applicant requests correction of his records to show his home of record (HOR) as San Antonio, Texas (TX) instead of Florence, Arizona (AZ). He applicant states he enlisted in AZ, but he was a citizen of TX at the time of entry in the Army. The evidence of record shows the applicant's HOR was Florence, AZ, and the place of enlistment was Phoenix, AZ, at the time of his enlistment in the DEP and RA on 26 April and 5 June 2008, respectively.
ARMY | BCMR | CY2014 | 20140015078
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as El Paso, Texas. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the street, city, state, and zip code the Soldier claims as a permanent HOR. Therefore, there is insufficient evidence on which to base amending item 7b of her DD Form 214.
ARMY | BCMR | CY2013 | 20130016517
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 April 2013 and DD Form 4 (Enlistment/Reenlistment Document) to show her home of record (HOR) as Texas. The applicant states her mailing address was entered as the HOR on both her enlistment contract and her DD Form 214. The DD Form 214 she was issued at the time shows in item 7b (HOR at Time of Entry) the same address shown as the HOR on her DD Form 4.