IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20090019386
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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record as the State of Texas.
2. The applicant states that the DD Form 214 he was issued does not show his official change of his home of record to Texas. He states that one of his reenlistment contracts should disclose that his official home of record is the State of Texas.
3. The applicant provided a copy of his DD Form 214 with a separation date of 31 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army Reserve under the delayed entry program on 16 April 1985 with a Regular Army enlistment date of 6 August 1985. His initial enlistment was for 4 years. His location of enlistment was Chicago, IL. In the process of applying for enlistment, the applicant completed DD Form 1966/1 (Application for Enlistment Armed Forces of the United States). This form shows the applicant's home of record as identified in his enlistment contract. The applicant completed and signed a DD Form 4/1 (Enlistment/Reenlistment Document of the United States) which shows in item 3 (Home of Record) the entry "55- E 3-TH PL APT -06 CHICAGO IL 60---."
2. The applicant completed initial entry training and was awarded military occupational specialty 68Q (Pharmacy Specialist).
3. The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain five DD Forms 4/1 (Enlistment/Reenlistment Documents) that show he reenlisted in the Regular Army on five separate occasions without a break in service. Each reenlistment document shows his home of record as "---41 SO EV--- CHICAGO IL 60---."
a. on 25 July 1989, he reenlisted at Fort Carson, CO for 2 years;
b. on 18 January 1991, he reenlisted at Fort Carson, for 2 years;
c. on 16 July 1991, he reenlisted at Fort Gordon, GA for 4 years;
d. on 11 April 1995, he reenlisted at Stuttgart, Germany for 5 years; and
e. on 15 April 1999, he reenlisted for an indefinite period at Fort Sam Houston, TX.
4. The applicant retired from active federal service on 31 August 2007 and transferred to the U.S. Army Reserve Control Group (Retired). He was issued a DD Form 214 confirming he had 22 years and 23 days of consecutive active federal service for the period from 8 August 1985 to 31 August 2007 with no prior active service.
a. item 7a (Place of Entry into Active Duty) shows "CHICAGO, ILLINOIS;" and
b. item 7b (Home of Record at Time of Entry) shows the address "55- E 3-th PL APT -06 CHICAGO IL 60---."
5. References:
a. 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 Form 1966/1.
b. Army Regulation 635-5 (Separation Documents), 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 Soldiers home of record will be entered in Item 7b of the
DD Form 214. A Soldiers initial enlistment contract or appointment document is the source for this data.
c. 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 under the delayed entry program at the Military Entrance Processing Station in Chicago, Illinois. At that time, he identified Chicago, IL as his home of record. While his reenlistment documents show a different street address, each document shows his home of record as Chicago, IL.
2. A Soldier cannot change his home of record when he reenlists during a current enlistment period. Had the applicant had a break in service and then enlisted in Texas he could have established a new home of record at that time.
3. Therefore, the applicant 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.
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