IN THE CASE OF:
BOARD DATE 27 May 2009
DOCKET NUMBER: AR20090008655
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, as the mother of a deceased former service member (FSM), requests correction the FSM's record to show his home of record (HOR) as Houston, Texas. The applicant also requests that the FSM be awarded a "Medal of Valor."
2. The applicant states that the FSM entered the military in Houston, TX and he reenlisted in Norman, OK. The applicant also states, in effect, that no Medal of Valor was awarded upon the FSM's death in connection with heroic acts under hostile fire.
3. The applicant provides a DD Form 1300 (Report of Casualty) and assignment orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant requests the FSM be awarded a "Medal of Valor" in connection with heroic acts under hostile fire. Orders show that on 10 October 2005, the FSM was posthumously awarded the Purple Heart for wounds received as a result of hostile actions and the Bronze Star Medal for meritorious service. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. A copy of the award orders will be provided to the applicant.
2. On 4 January 1990, the FSM enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) from the Houston, TX Military Entrance
Processing Station. His DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his HOR as Houston, TX. On
6 August 1990, the applicant was discharged from the DEP and on 7 August 1990, he enlisted in the Regular Army (RA). On 1 May 1994, the FSM was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Block 7b (Home of Record at Time of Entry) of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR as Houston, TX.
3. After a break in service, the FSM enlisted in the RA on 29 February 1996 from the Oklahoma City Military Entrance Processing Station, Oklahoma City, OK. The FSM's DD Form 4/1 shows his HOR as Norman, OK.
4. The FSM's DD Form 1966/1 (Record of Military Processing Armed Forces of the United States) for his second enlistment shows his HOR as Norman, OK.
5. The FSM died on 10 October 2005 as a result of injuries sustained as a result of hostile action.
6. Army Regulation 601-280 (Total Army Retention Program) provides instructions for completing the DD Form 4 series upon immediate reenlistment in the Regular Army. It defines the term Home of Record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant 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 can the home of record be changed by the member.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request has been carefully reviewed.
2. Records clearly show that the FSM's HOR on his initial enlistment was Houston, TX. However, after he had a break in service, he again entered active duty and listed his home of record as Norman, OK. At the time of the FSM's death, his home of record was listed as Norman, OK.
3. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM's home of record at the time of his death was inaccurately recorded in his military records.
4. Absent evidence to show that the FSM's records are incorrect, there is no basis to grant the applicant's requested relief.
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.
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