IN THE CASE OF:	  

		BOARD DATE:	        30 JULY 2009

		DOCKET NUMBER:  AR20090005445 


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 home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 25 May 2009 be changed from Fort Bragg, North Carolina (NC) to Pittsburgh, Pennsylvania (PA).

2.  The applicant states, in effect, that his DD Form 214 lists Fort Bragg, NC as his HOR and it should be listed as Pittsburgh, PA.  

3.  The applicant provides two DD Forms 214, issued on 6 July 2004 and 25 May 2009; a DA Form 4037 (Officer Record Brief) prepared on 27 January 2009; and Headquarters, United States Army Infantry Center Orders Number 125-1792, dated 5 May 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was born in Pittsburgh, PA on           4 December 1980.  He had prior service in the United States Marine Corps from 7 July 1999 through 6 July 2004.  His DD Form 214 for that period of service shows his HOR as Pittsburgh, PA.

2.  The applicant married a US Army officer in July 2004.  His spouse was assigned to Fort Bragg and he took up residence with her in post housing on Fort 

Bragg.  While at Fort Bragg, he enlisted in the Regular Army on 25 May 2006 in order to attend Officer Candidate School.  His enlistment contract shows his HOR as Ft. Bragg.

3.  Orders Number 125-1792, Headquarters, United States Army Infantry Center, Fort Benning, GA, dated 5 May 2006, show the applicant was commissioned as a second lieutenant.  His orders show his HOR as Pittsburgh, PA.

4.  The applicant’s Officer Record Brief prepared on 27 January 2009 shows, in Section IV- Personal/Family Data, his HOR as PA.

5.  On 25 May 2009, the applicant was honorably discharged.  His DD Form 214 with the period ending 25 May 2009 shows Raleigh, NC as his place of entry into active duty and his HOR as Fort Bragg, NC 28307. 

6.  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 Soldier’s 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.

7.  The Joint Federal Travel Regulations provide the following guidance relative to the HOR:

HOME OF RECORD (HOR).  The place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.

NOTE 1:  The place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day may the member change the HOR.


NOTE 2:  Travel and transportation allowances are based on the officially corrected recording in those instances when, through a bona fide error, the place originally named at time of current entry into the Service was not in fact the actual home.  Any such correction must be fully justified and the home, as corrected, must be the actual home of the member upon entering the Service, and not a different place selected for the member's convenience.

NOTE 3:  An officer, who received a commission or warrant from an enlisted grade or was called to active duty as an officer while serving as an enlisted member and erroneously designated the place at which then serving as the HOR, may be paid allowances to the HOR in the enlistment papers upon subsequent separation from the Service or release from active duty.  The member must certify erroneous designation of a duty station or a nearby place as the HOR at time of commission whereas the HOR was in fact the place shown in the enlistment papers.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was born in Pittsburgh, PA and his prior service DD Form 214 from the US Marine Corps recorded his HOR as Pittsburgh, PA.  However, his DD Form 4 and DD Form 214 with the period ending 25 May 2009, shows his HOR as Fort Bragg, NC  28307.

2.  Fort Bragg was never the applicant’s HOR, it was a temporary residence while he was the dependent husband of an Army officer.

3.  It appears when the applicant enlisted to attend Officer Candidate School, the Military Entrance Processing Station entered his Fort Bragg temporary residence as his HOR.  Fort Bragg was recorded as his HOR on his DD Form 4 and subsequently on his DD Form 214 upon discharge from active duty.

4.  The applicant’s orders appointing him as a second lieutenant and his Officer Record Brief are accepted as sufficient evidence to show that Pittsburgh, PA is his correct HOR.  Therefore, his DD Form 214 with the period ending 25 May 2009 should be corrected to show his HOR as Pittsburgh, PA.


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 the applicant’s DD Form 4/1 dated 25 May 2006 and DD Form 214 with the period ending on 25 May 2009 be corrected to show his HOR as Pittsburgh, PA.




      _______ _  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)                                         AR20090005445



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ABCMR Record of Proceedings (cont)                                         AR20090005445



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