IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010534
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 correction of his records to show his home of record (HOR) as Puerto Rico instead of Rocky Mount, NC.
2. The applicant states that he left North Carolina in 2002 on a permanent change of station. He owns no property and has no a legal residence in North Carolina. He adds that his legal residence is Puerto Rico, his family is there, and that he plans to join his family and retire there.
3. The applicant did not provide any additional documentary evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he initially enlisted in the Regular Army (RA) at the Raleigh, NC, Military Entrance Processing Station (MEPS) for a period of 3 years on 26 March 1996. Item 3 (HOR) of his DD Form 4 (Enlistment/ Reenlistment Document) shows his HOR as "19__ Ve____ Road, Rocky Mount, NC" and item 3 (Place of Enlistment) shows the entry "Raleigh MEPS, Raleigh, NC 27604-2468." He authenticated this form by placing his signature in the appropriate block.
2. The applicants records also show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11M (Heavy Anti-Armor Weapons Infantryman). He was honorably released from active duty on 25 March 1999.
3. On 26 March 1999, the applicant enlisted in the North Carolina Army National Guard for a period of 4 years. Item 3 of his DD Form 4 shows his HOR as Rocky Mount, NC. He was trained in and awarded MOS 44C (Finance Specialist) and he was honorably discharged on 16 October 2000 for the purpose of enlisting in another component.
4. The applicant's records also show he enlisted in the RA for a period of 3 years on 17 October 2000. Item 3 of his DD Form 4 shows his HOR as "Raleigh, NC." He subsequently executed a 6-year reenlistment in the RA on 6 June 2002.
5. The applicant is currently a staff sergeant and is assigned to Fort Drum, NY.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 5-2 of this regulation states that the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. A Soldiers initial enlistment contract or appointment document is the source for this date, or any approved change by the U.S. Army Human Resources Command-Indianapolis (formerly known as the Enlisted Records and Evaluation Center). Item 7a shows the city and state where the Soldier entered active duty. Item 7b shows the street, city, state and ZIP code listed as the Soldiers HOR. The HOR is the place recorded as the HOR 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 (Joint Federal Travel Regulations, Volume 1, App A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his family is currently in Puerto Rico; that he has a legal residence and owns property and/or business in Puerto Rico; and that he intends to retire there, are noted. However, the evidence of record shows that the applicant enlisted in the RA at the Raleigh MEPS, Raleigh, NC. At the time of his enlistment, he listed his permanent home address as Rocky Mount, NC. Therefore, Raleigh, NC, was established as the place of entry on active duty and Rocky Mount, NC, was established as his HOR.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement. Therefore, he is not entitled to the 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.
ABCMR Record of Proceedings (cont) AR20090010534
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