IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20080018310
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 the home of record (HOR) entry on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending date of 2 August 2008 be changed from Alaska (AK) to Nevada (NV).
2. The applicant states that NV has been his HOR since his discharge from active duty.
3. The applicant provides his NV Driver License with an expiration date of
24 November 2012; copies of the letterheads of two Department of Veterans Affairs letters addressed to him at his NV address, dated 4 September 2008; and an Elko Electronics receipt with his NV address, dated 15 September 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Alaska Army National Guard (AKARNG) at the Anchorage Military Entrance Processing Station (MEPS), Anchorage, AK on
17 March 2000 for a period of 8 years. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his HOR as ____ St Bernard, Fairbanks, AK 99709. His DD Form 1966 (Record of Military Processing Armed Forces of the United States), also reflects the same address. The applicant was honorably discharged from the AKARNG on 6 November 2002.
2. The applicant subsequently enlisted in the Regular Army at the Anchorage MEPS on 18 May 2005 for a period of 3 years and 11 weeks. His DD Form 4 and DD Form 1966 for this enlistment show his HOR as ____ St Bernard Dr, Fairbanks, AK 99709. He was honorably discharged from active duty on
2 August 2008 by reason of completion of required active service.
3. Item 7b (Home of Record at Time of Entry) of the applicants DD Form 214 with the ending date of 2 August 2008 shows the entry ____ St Bernard Dr, Fairbanks, AK 99709.
4. All documents in the applicants service personnel records show his HOR as ____ St Bernard Dr, Fairbanks, AK 99709. His enlistment papers also show he completed high school and attended college in Fairbanks, AK. None of his personnel records show he lived in NV.
5. The applicant provided his NV Driver License that shows his current address as____________, Elko, NV 89801.
6. The applicant provided two VA documents that indicate his address as ____________, Elko, NV 89801.
7. The applicant provided an Elko Electronics receipt that indicates his address as ____________, Elko, NV 89801.
8. 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 and establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It provides, in pertinent part, that the HOR 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. HOR is not necessarily the same as the legal domicile as defined for income tax purposes; legal domicile may change during a Soldier's career.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the HOR on his DD Form 214 be changed from AK to NV.
2. Army Regulation 635-5 provides that the HOR is established at the time a Soldier enters onto active duty. All of the applicants personnel records show he lived, graduated from high school, graduated college, and enlisted in the AKARNG and the Regular Army in Alaska. None of the applicants service records show any connection to Elko, NV prior to his discharge from the Regular Army. Clearly, Fairbanks, AK was his HOR as is properly entered in his personnel records and on his DD Form 214.
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.
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) AR20080018310
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ABCMR Record of Proceedings (cont) AR20080018310
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