IN THE CASE OF:	

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080006813 


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, in effect, that the record of his deceased son, a former service member (FSM), be corrected to show his home of record (HOR) as Pantego, Texas vice College Station, Texas, as is currently shown on the Report of Casualty (DD Form 1300) reporting his death.  

2.  The applicant states, in effect, that the entry of College Station, Texas contained on the FSM’s DD Form 1300 as his HOR is incorrect.  He claims that College Station is where the FSM enlisted into the military and that the FSM’s correct HOR is Pantego, Texas.  He further states that he requests that the FSM’s DD Form 1300 be corrected to show his HOR as 1505 Hilltop Lane, Pantego, Texas 76013-3242, so that he may be recognized in the area where he was born.

3.  The applicant provides in support of his application the following documents:  Report of Casualty (DD Form 1300); and copies of the FSM’s W-2 Form, Texas Driver License, and Military Identification (ID) Card.

CONSIDERATION OF EVIDENCE:

1.  A Record of Enlistment/Reenlistment Document (DD Form 4/1), dated 
8 January 2004, on file in the FSM's Official Military Personnel File (OMPF) confirms he enlisted into the United States Army Reserve (USAR) for 8 years and entered the Delayed Entry Program (DEP) in an inactive status on that date.  

2.  The DD Form 4/1 on files also confirms the FSM's enlistment processing was completed at the Armed Forces Examining and Entrance Station (AFEES), Houston, Texas.  Item 3 (Home of Record) contains the entry "216 Fraternity Row, College Station, TX."

3.  The FSM's OMPF includes a DD Form 4/3, dated 9 March 2004, which confirms he was honorably discharged from the USAR DEP and enlisted in the Regular Army for 3 years on that date.  

4.  The FSM’s record contains a Record of Military Processing Armed Forces of the United States (DD Form 1966/1) which was completed on 8 January 2004, in conjunction with his enlistment.  This document shows in Item 3 (Current Address) the FSM's address as 1505 Hilltop Lane, Arlington, Texas 76013.  It also shows in Item 4 (Home of Record) that his HOR address is the same as the address listed as his current address in Item 3.  It further shows in item 15 (Place of Birth) that the FSM was born in Arlington, Texas.

5.  The FSM’s record further contains a Security Clearance Application (SF 86), which was completed in conjunction with his enlistment on 8 January 2004.  This document shows in Item 4 (Where you lived) that the FSM temporarily resided at
216 Fraternity Row, College Station while attending college during the period
15 May 2003 until the date of his enlistment.  It also shows he lived at 1505 Hilltop Lane, Arlington, Texas during the period 11 September 1993 through
14 August 2002 (for a period of approximately 9 years).

6.  On 28 April 2007, the FSM died in Salman Pak, Iraq as a result of wounds he received during hostile action.  A Report of Casualty pertaining to the FSM was prepared on 19 June 2007.  Item 6c (Home of Record at Time of Entry) lists his HOR as College Station, Texas.

7.  The applicant provides a copy of the FSM’s Texas Driver License and W-2 Form.  These documents both show the address in Pantego, Texas that the applicant now claims is the FSM's correct HOR.

8.  Army Regulation 601-210 provides the current policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment. A temporary address will not be entered.  

9.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

10.  A search of the zip code 76013 at the United States Postal Service City by Zip Code shows that the actual city name for this zip code is Arlington, Texas; however, Pantego, Texas is also an acceptable city name for this zip code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the Report of Casualty reporting the FSM's death in Iraq erroneously listed his HOR as College Station, Texas instead of Pantego, Texas, his actual HOR, was carefully considered and found to have merit.

2.  By regulation, the HOR address entered on entry documents will be the address declared by the member to be his/her permanent home or actual home at the time of enlistment/induction.  A temporary address will not be entered, and correction of a HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  

3.  The evidence of record confirms that the FSM was attending college at the time of his enlistment and that the address (College Station, Texas) annotated on his DD Form 4 was actually the FSM’s dorm address which is considered a temporary address, as evidenced by his DD Form 1966 and SF 86 application contained in his OMPF.

4.  The evidence of record confirms the address the applicant states is the FSM’s correct HOR address is the same address the FSM listed on his DD Form 1966 as his HOR and his place of birth.  

5.  The Report of Casualty prepared on 19 June 2007, which reported the FSM's death in Iraq, erroneously substituted College Station, Texas, the place where the FSM lived temporarily while attending college, as his HOR in Item 6c.  Therefore, it would be appropriate to correct this document by deleting the HOR (College Station, Texas) portion of the Item 6c entry, and replacing it with the entry "Home of Record – Pantego, Texas."  Further, all related military records and documents should be corrected to show the FSM's HOR as Pantego, Texas.




BOARD VOTE:

___X____  __X_____  __X____  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 amending the 19 June 2007 Report of Casualty (DD Form 1300) pertaining to the FSM by deleting the HOR (College Station, Texas) portion of the Item 6c entry, and replacing it with the entry "Home of Record – Pantego, Texas"; and by correcting all related military records and documents to show the FSM's Home of Record was Pantego, Texas.



      __________X____________
      	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)                                         AR20080006813



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ABCMR Record of Proceedings (cont)                                         AR20080006813



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