IN THE CASE OF:	   

		BOARD DATE:	        24 July 2008

		DOCKET NUMBER:  AR20080007898 


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 that his home of record (HOR) be changed from Florida to New York.

2.  The applicant states that he lived in New York his whole life prior to enlisting.  He enlisted while he was visiting his mother and sister, who resided in Florida. Paperwork even had to be faxed from a New York recruitment station for his father to sign because he was 17 year old at the time.  He has his New York State tax return from the year prior to his enlistment.  He was also claimed on his father’s taxes as a dependent up until he enlisted.  He has a driver’s license from New York.  He needs this change due to tuition restrictions for State University of New York.  He does not believe he will have a hard time proving he spent the   17 years prior to his enlistment living in New York, but the schools want his HOR (on his military records) to read as such.

3.  The applicant provides his Kentucky driver license; a W-2 Wage and Tax Statement for the year 2003 showing he had a New York State address and a New Jersey place of employment; Filing Instructions for Form IT-201 (New York Resident Income Tax Return), and the form itself, for taxable year ending           31 December 2003; a New York State Department of Taxation and Finance Resident Income Tax Return for filing year 2003; an Internal Revenue Service (IRS) Form 1040 (U. S. Individual Income Tax Return) for the year 2003; a Certification of Birth; his father’s IRS Form 1040 for the year 2003; and a New York State learner permit.


CONSIDERATION OF EVIDENCE:

1.  On 3 December 2003, the applicant enlisted in the U. S. Army Reserve (Delayed Entry Program) from the Miami, FL, Military Entrance Processing Station.  His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his HOR as Pompano Beach, FL. 

2.  On 24 November 2003, the applicant had completed a Security Clearance Application.  On this form, he indicated that he lived in Pompano Beach, FL, from 1 September 1996 to the present; he indicated that he attended high school in Deerfield Beach, FL, from August 2000 to August 2001; and he indicated that his mother, father, and sister lived in Pompano Beach, FL.  He also listed three people who knew him well, all three of whom lived in Courtlandt, NY.

3.  The applicant signed the Security Clearance Application, certifying, “My statements on this form, and any attachments to it, are true, complete, and correct to the best of my knowledge and belief and are made in good faith.  I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both. (See section 1001 of title 18, United States Code).”

4.  The applicant’s DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows his HOR as Pompano Beach, FL, and also shows that he attended high school in Deerfield Beach, FL, from August 2000 to July 2001.

5.  The applicant enlisted in the Regular Army on 11 March 2004.

6.  On 12 September 2007, the applicant was discharged by reason of disability, with severance pay.  

7.  Item 7b (Home of Record at Time of Entry) on the applicant’s DD Form      214 (Certificate of Release or Discharge from Active Duty) shows his HOR as Pompano Beach, FL.  Items 19a (Mailing Address after Separation) and 19b (Nearest Relative) list the same address in Mohegan Lake, NY.

8.  Army Regulation 601-210, paragraph 6-12, governs preparation of the DD Form 1966.  It directs that the HOR address must be CONUS (continental United States) or U.S. Territory, and a temporary address will not be entered.  


9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it directs that the HOR at time of entry will be entered in item 7b of the DD Form 214.  HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant has been carefully considered.  The evidence does indicate that he was a resident of New York at the time he enlisted.

2.  Nevertheless, when the applicant completed his Security Clearance Application in November 2003 he indicated that he had resided in Florida from 1996 to the present.  He indicated that for at least one school year he attended school in Florida.  He certified the Security Clearance Application, stating that his statements were true, complete, and correct to the best of his knowledge and belief.   

3.  The applicant has not explained why he would have certified “to the best of my knowledge and belief” that he had lived in Florida for the 7 years immediately prior to enlisting and attended one full school year in Florida when he now contends, and appears to provide proof, that he “spent the 17 years prior to his enlistment living in New York.”

4.  Based upon the applicant’s own certification on his Security Clearance Application, there does not appear to be any error in his records regarding his HOR, and there does not appear to be a matter of equity that would require that his HOR as recorded in his military records be changed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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.



      _______xxxx____________
      		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)                                         AR20080007898



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007898



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1