IN THE CASE OF:	  

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090020167 


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 items 7b (Home of Record at Time of Entry), 12a (Date Entered AD [Active Duty] This Period), and 19a (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2009. 

2.  The applicant states:

* item 7b should show the entry "E" [East] instead of "D," the entry "Unit" instead of "APT" [apartment], and zip code "33034" instead of "33004-4625"
* item 12a should be corrected to show 11 May 2009
* item 19a should be corrected to show the "corrected" address as in item 7b
* he made numerous requests to rectify the discrepancies on his DD Form 214 before the actual date of publication and they were overlooked

3.  The applicant provides:

* active duty orders dated 1 May 2009 and 3 June 2009 
* DD Form 214


CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Army National Guard (ARNG) and the U.S. Army Reserve (USAR), the applicant was appointed a Reserve commissioned officer in the rank of second lieutenant on 27 August 2003.  He was promoted to captain on 25 September 2007.  U.S. Army human Resources Command, St. Louis, MO, (HRC-STL), Orders T-05-926147, dated 1 May 2009, show the applicant was ordered to active duty for training (ADT) on 11 May 2009 for a period of 29 days.  These orders show the applicant's address as "xxx E S------- St [Street], Apt xxx, Dania, FL 33004-4625."

2.  The applicant's Retirement Points Detail statement and HRC-STL Orders
A-06-915901, dated 3 June 2009, show he was immediately ordered to active duty on 9 June 2009 after completion of ADT.  He was ordered to active duty for operational support for a period of 114 days.  The orders show the applicant's address as "xxx E S------- St, Apt xxx, Dania, FL 33004-4625."

3.  On 30 September 2009, the applicant was released from active duty.

4.  Item 7b of the applicant's DD Form 214 for the period ending 30 September 2009 shows his home of record at the time of entry was "xxx D S------- St., Apt. xxx, Dania, FL 33004-4625."  Item 12a of this DD Form 214 shows the entry "2009  06  09" [9 June 2009].  Item 12c (Net Active Service This Period) of this DD Form 214 shows the entry "0000  03  22" [3 months and 22 days].  Item 19a of this DD Form 214 shows an address in Acushnet, MA.

5.  The applicant's Retirement Points Detail shows he was on active duty from 
11 May 2009 through 30 September 2009.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states, in pertinent part, the street, city, state, and zip code listed as a Soldier’s home of record would be entered in item 7b of the DD Form 214.  “Home of Record” is the place recorded as the home of record of the Solder 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 one full day.  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.


7.  Army Regulation 635-5 also states, in pertinent part, that the mailing address after separation will be provided by the Soldier.  It also states that item 19a of the DD Form 214 must be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct several entries in item 7b of his DD Form 214 for the period ending 30 September 2009 was noted.  Item 7b of his DD Form 214 for the period ending 30 September 2009 shows his home of record at the time of entry was "xxx D S------- St., Apt. xxx, Dania, FL 33004-4625."  However, active duty orders dated May and June 2009 show his address as
"xxx E S------- St., Apt. xxx, Dania, FL 33004-4625."  Therefore, in accordance with the governing regulation, it would be appropriate to correct the entry "D" to show "E" in item 7b on this DD Form 214.  However, there is insufficient evidence to show that "APT" should have been "Unit."

2.  Item 12a of the applicant's DD Form 214 for the period ending 30 September 2009 shows he entered active duty on 9 June 2009.  However, evidence of record shows he was ordered to ADT on 11 May 2009 for a period of 29 days, he was immediately ordered to active duty on 9 June 2009 (no break in active duty service), and he was released from active duty on 30 September 2009 (a total of 4 months and 20 days).  Therefore, item 12a of his DD Form 214 for the period ending 30 September 2009 should be corrected to show he entered active duty on 11 May 2009.  In addition, item 12c of this DD Form 214 should be corrected to show he completed 4 months and 20 days of net active service this period.

3.  The governing regulation states the mailing address after separation will be provided by the applicant (i.e., at the time of separation).  There is no evidence to the contrary that the applicant did not provide the address entered in item 19a of his DD Form 214 for the period ending 30 September 2009.  Therefore, there is no basis for granting this portion of the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x____  ___x____  __x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 7b of his DD From 214 for the period ending
30 September 2009 the entry "D" and replacing it with the entry "E";

	b. deleting from item 12a of his DD Form 214 for the period ending
30 September 2009 the entry "2009  06  09" and replacing it with the entry
"2009 05 11"; and

	c.  deleting from item 12c of his DD Form 214 the entry 0000  03  22" and replacing it with the entry "0000  04  20."
 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 19a or any additional amendments to item 7b of his DD Form 214 for the period ending 
30 September 2009.



      __________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)                                         AR20090020167



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ABCMR Record of Proceedings (cont)                                         AR20090020167



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