IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080004458 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of Item 7b (Home of Record at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2006, to show the entry "Box 502, Fletcher, Oklahoma 73541" or "201 E. North Drive, Fletcher, Oklahoma 73541” instead of “12140 Oak Ridge Drive, Rolla, Missouri 65401.”

2.  The applicant states that the current entry reflects his home of residence upon retirement, not his home of record upon entry. 

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

	a.  DA Form 61 (Application for Appointment), dated 23 September 1981.

	b.  DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 22 August 1979.

	c.  Headquarters, United States Army Third ROTC Region, Fort Riley, Kansas, Orders 73-21-A-300, dated 3 May 1982.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the U.S. Army Reserve as a cadet, at Cameron University, Lawton, Oklahoma, on 23 August 1979 and subsequently graduated from Cameron University in May 1982. 
2.  On 3 May 1982, Headquarters, United States Army Third ROTC Region, Fort Riley, Kansas, published Orders 73-21-A-300, ordering the applicant to active duty as an obligated volunteer officer for a period of 3 years.  He was ordered to report to Fort McClellan, Alabama, to attend the Chemical Officer Basic Course from 11 June 1982 to 8 October 1982, with a follow on assignment to Germany, effective 15 November 1982.  The Orders showed the applicant's home of record as "Box 502, Fletcher, Oklahoma 73541." 

3.  On 18 May 1982, the applicant was appointed as a second lieutenant Reserve commissioned officer in the Chemical Corps of the Army and subsequently executed an oath of office at Cameron University, Lawton, Oklahoma, on the same date.  

4.  The applicant’s records further show that he entered active duty at Fort McClellan, Alabama, on 9 June 1982, and completed the Chemical Officer Basic Course on 7 October 1982.

5.  On 26 September 2005, while assigned to Headquarters, Eighth U.S. Army, Korea, the applicant requested voluntary retirement.  In his request, he elected Yongsan Transition Center, Korea, to be his authorized place of retirement, and the U.S. Army Transition Point, Fort Lewis, Washington, as his location of choice transfer activity.  He also listed his address upon retirement as “12140 Oak Ridge Drive, Rolla, Missouri 65401.” 

6.  The applicant's Officer Record Brief (ORB), dated 16 February 2006, shows his home of record at the time he entered active duty as "Oklahoma."

7.  On 17 February 2006, Installation Management Agency (IMA), Yongsan Transition Center, Korea, published Orders 048-0002, releasing the applicant from his assignment, effective 31 August 2006, and placing him on the retired list effective 1 September 2006, in the rank of lieutenant colonel.  The orders showed the applicant’s place entered on/ordered to active duty as “Lawton, Oklahoma” and his home of record as “Rolla, Missouri.” 

8.  On 31 August 2006, the applicant was discharged in accordance with chapter 6 of Army Regulation 600-8-24 (Officer Transfer and Discharges) by reason of retirement.  The DD Form 214 he was issued shows he completed over 24 years of active military service.  Item 7a (Place of Entry on Active Duty) of this form reflects the entry “Lawton, Oklahoma” and Item 7b reflects the entry “121240 Oak Ridge Drive Rolla Missouri 65401.” 



9.  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.  

10.  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 these entries, 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.

11.  Army Regulation 600-8-24 prescribes policies and procedures governing transfer and discharge of Army officer personnel.  This regulation defines the home of record as follows:

	a.  For officers ordered to active duty from civilian status, the place recorded as the home of record when ordered to active duty; and

	b.  For officers discharged from an active duty enlisted status for the convenience of the Government to accept duty as an officer, the place recorded as the home of record at the time he or she entered the Service in an enlisted status in the relevant tour of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that, when the applicant submitted his application for appointment as a USAR officer on 23 September 1981, he listed the address "Box 502, Fletcher, Oklahoma 73541" as his permanent address.  Furthermore, the applicant's Orders, dated 3 May 1982, ordering him to active duty upon his acceptance of appointment showed his home of record as
"Box 502 Fletcher, Oklahoma 73541."  His initial appointment memorandum, as a second lieutenant in the USAR, dated 18 May 1982, also shows his home as "Box 502 Fletcher, Oklahoma 73541." 
2.  It appears that the applicant was serving a "without dependents tour" in Korea when he submitted his application for retirement.  It also appears that he listed his dependents' address in Rolla, Missouri, on his retirement application.  The Transition Center erroneously showed the address on retirement instead of the home of record in Item 7b of the applicant's DD Form 214.  Therefore, the applicant is entitled to correction of his records to show the correct home of record.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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:

	a.  deleting the entry “12140 Oak Ridge Drive, Rolla, Missouri 65401” from Item 7b of the applicant's DD Form 214, dated 31 August 2006; and

	b.  adding the entry "Box 502, Fletcher, Oklahoma 73541" in Item 7b of the applicant's DD Form 214, dated 31 August 2006.



							XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004458



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ABCMR Record of Proceedings (cont)                                         AR20080004458



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