IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090012674 


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 his home of record at his time of entry into the Regular Army be corrected to show Escondido, California instead of Hopkinsville, Kentucky.

2.  The applicant states, in effect, that the recruiter entered the wrong home of record when he enlisted as a prior service applicant.  He states that he relocated his family to Kentucky from California prior to enlisting because he knew he would be enlisting for his station of choice, which was Fort Campbell, Kentucky.  He states he entered active duty through the Nashville, Tennessee Military Entrance Processing Station (MEPS) from his temporary address in Kentucky.  He did not realize at that time that MEPS personnel would use his temporary address as his home of record when preparing his enlistment contract.  He also did not understand the financial significance or that he would not be entitled to ship his household goods to California upon his discharge from active duty.  He further states that his reenlistment contract shows his home of record as Escondido, California.  He states he and his family returned to California after his separation, but his household goods are in storage near Fort Campbell, Kentucky.  He states the Transportation Office cannot ship his household goods until his home of record is corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides a copy of his Enlisted Record Brief (ERB) in support of his application.



CONSIDERATION OF EVIDENCE:

1.  With over 2 years of prior active duty service, the applicant enlisted in the Regular Army on 1 February 2005 at the Nashville, Tennessee, MEPS for a 4-year period of service.  Item 4 (Home of Record Address) of the applicant’s DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), shows the applicant's current address as 47_ Siv___ Road 1__, Hopkinsville, KY 42240-0000 which was also listed as his home of record. 

2.  Item 3 (Home of Record) of his DD Form 4 /1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 1 February 2005, contains the entry:  47_ Siv___ Road 1__, Hopkinsville, KY 42240-0000.  

3.  Records show that during an overseas deployment, he reenlisted on 4 April 2006 for a reenlistment bonus in a combat hazard duty zone.  The DD Form 4/1 issued this date shows in item 3 the entry:  9_5 Del Dios Hwy __7, Escondido, CA 92029-0000.  This same form shows his place of reenlistment as Company A, 3rd Battalion, 187th Infantry Regiment located at Army Post Office (APO) Army Europe (AE) 09349.

4.  On 30 January 2009, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200 and the narrative reason for separation was in lieu of trial by court-martial.  The applicant's character of service was under other than honorable conditions.  He was issued a DD Form 214 that shows he had completed 4 years of net active service and during this period, he served two tours in Iraq. 

5.  Item 7a (Place of Entry into Active Duty) of the applicant’s DD Form 214 contains the entry "Nashville, Tennessee" and Item 7b (Home of Record at Time of Entry) contains the entry:  47_ Siv___ Road 1__, Hopkinsville, KY 42240-0000.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  Table 5-1 (Instructions for completing the DD Form 1966 series) of this regulation states that the street, city, county, state, country and zip code of address declared by the applicant to be permanent home or actual home at time of enlistment be entered in Item 4 of the DD Form1966/1.

7.  Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, states that the street, city, state, and zip code listed as a Soldier’s home of record will be entered in Item 7b of the DD Form 214.  A Soldier’s initial enlistment contract or appointment document is the source for this data.

8.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the home of record.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant enlisted in the Regular Army at the Nashville, Tennessee MEPS and he identified his Hopkinsville, Kentucky address as his permanent home of record.  Therefore, he established his home of record for this enlistment period as Hopkinsville, Kentucky not Escondido, California.

2.  While his reenlistment document, dated 4 April 2006, shows his home of record as Escondido, California, that document is in error because the applicant initially established his home of record on the date he initially enlisted as Hopkinsville, Kentucky.  A Soldier cannot change his home of record when he reenlists during a current enlistment period.  Had the applicant had another break in service, then enlisted, he could have established a new home of record at that time.

3.  The ABCMR does not correct records solely for establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must be 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)                                         AR20090012674





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ABCMR Record of Proceedings (cont)                                         AR20090012674



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