IN THE CASE OF:
BOARD DATE: 1July 2008
DOCKET NUMBER: AR20080008042
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 be changed.
2. The applicant states that there is no error, but that he would like his home of record (HOR) changed so that he does not have to bear the cost of moving to California (CA). He states that he and his wife both served from April 1999 to June 2004. When she left the service she returned to her HOR in San Diego CA. He will be getting out in September 2008 and wishes to have his home of record changed to reflect San Diego to preclude out of pocket expenses to relocate his family. He is scheduled to be assigned to a United States Army Reserve (USAR) unit in San Diego upon his release from active duty.
3. The applicant provides copies of his 11 April 2008 separation orders, his wife's June 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty), her separation orders, and his 8 April 2008 USAR enlistment contract
CONSIDERATION OF EVIDENCE
1. On 29 June 1995, the applicant enlisted in the United States Army Reserve (USAR) for a period of 8 years. Item 3 (Home of Record) of the applicants
DD Form 4/1, Enlistment/Reenlistment Document, contains the entry: "Fort Meade, MD 20755-0000." This is the applicant's initial enlistment document.
2. He was on active duty as a Reservist from 15 February to 4 October 1996. His DD Form 214 shows his HOR as Fredericksburg, Virginia.
3. On 30 September 2000, the applicant enlisted in the Regular Army. Item 3 (Home of Record) listed on the applicants DD Form 4/1 is as follows: 14100 US Ford Road, Fredericksburg, VA 22467-0000.
4. On 24 September 2004, he reenlisted with the same HOR.
5. The applicant's 11 April 2008 separation orders show he is to be discharged from the Regular Army on 23 September 2008 and will be assigned to a USAR unit in San Diego, CA. His wife's DD Form 214 shows she entered active duty in San Diego, CA and that her HOR is in San Diego.
6. Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation, in pertinent part, provides that the street, city, state, and zip code listed as a Soldiers HOR will be entered in Item 7b of his DD Form 214 at the time of his discharge or release from active duty. A Soldiers initial enlistment contract or appointment document is the source for this data. This regulation also provides that the HOR cannot be changed unless there is a break-in-service of at least one full day.
7. 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. However, there is authority to correct a HOR if erroneously entered on the records at that time. 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.
8. Current Army policy does allow a member to identify their permanent HOR at the time of their enlistment and it may be different from the address where they reside at that time. Army Regulation 601-210 provides the 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 their permanent home or actual home at the time of enlistment. A temporary address will not be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's initial Regular Army enlistment contract, dated 30 September 1998, listed his home of record as "Fredericksburg, VA 22467-0000."
2. At the time of the applicant's reenlistment on 24 September 2004 his home of record was the same.
3. He did not have a break-in-service of at least one day since his initial enlistment. Therefore he is not entitled to change his HOR.
4. 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 this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___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
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) AR20080008042
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ABCMR Record of Proceedings (cont) AR20080008042
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