BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090021990
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 her home of record (HOR) be changed from an Escondido, CA address to a Canton, OH address.
2. The applicant states she no longer has a home at her old HOR. She asks for an exception to policy due to medical and financial reasons.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army at the San Diego, CA, Military Entrance Processing Station (MEPS) for a period of 4 years on 17 May 2007. Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document) shows her HOR as "Escondido, CA" and item 4 (Place of Enlistment) shows the entry "San Diego, CA." She authenticated this form by placing her signature in the appropriate block.
2. On 29 May 2009, the applicant reenlisted in the Regular Army for 6 years at Fort Shafter, HI. Item 3 of her DD Form 4 shows her HOR as "Escondido, CA."
3. On 17 February 2010, the applicant underwent a Physical Evaluation Board (PEB) which found her unfit with a disability rating of 40 percent. The PEB recommended she be placed on the Temporary Disability Retired List.
4. The applicant's integrated Personnel Electronic Records Management System (iPERMS) file does not contain her DD Form 214 (Certificate of Release or Discharge from Active Duty) or her retirement orders. It does contain a Servicemembers' Group life Insurance Election and Certificate (SGLV-8286). This document shows her sister resides in Escondido, CA and her mother resides in Canton, OH.
5. 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 military service. It is important that information entered on the form be complete and accurate. This regulation specifies the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It 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 home of record at time of entry. 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. HOR is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. A Soldiers initial enlistment contract or appointment document is the source for this data, or any approved change by the Enlisted Records and Evaluation Center. 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). 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 applicant wants her HOR changed.
2. The applicant's initial enlistment contract and reenlistment contract show her HOR as Escondido, CA. She apparently lived with her sister at that address, and she now apparently lives with her mother in Canton, OH.
3. The HOR cannot be changed without a break in service. The applicant enlisted on 17 May 2007 and reenlisted on 29 May 2009 without a break in service. It appears her HOR is correctly listed as Escondido, CA.
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) AR20090021990
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090021990
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011851
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 7a (Place of Entry on Active Duty), from "Massillon, OH" to "Austin, TX" * Item 7b (Home of Record (HOR)), from XXX Pershing Avenue SE, North Canton, OH, 44720" to "XXXX Balcones Club Apartments, # XXX, Austin, TX, 78750" * Item 8a (Last Duty Assignment and Major Command), from Joint Force Headquarters (-) Additional TDA GB to Joint Force Headquarters, TX * Item 19a...
ARMY | BCMR | CY2008 | 20080008042
His wife's DD Form 214 shows she entered active duty in San Diego, CA and that her HOR is in San Diego. It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2013 | 20130008840
The applicant requests correction of item 21 (Home of Record (HOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 13 October 1969, to show his HOR as Sharon, PA, and not Masury, OH. This form also lists his residences from 1947 to 1960 as Sharon, PA, and from 1960 to 1966 as Ulp Street, Masury, OH; and the form further lists his sisters address as Sharon, PA. c. A DA Form 41 (Record of Emergency Data), dated 15 September 1969, which lists...
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.
AF | BCMR | CY2014 | BC 2014 03986
According to DD Form 214, Certificate of Release or Discharge from Active Duty, associated with her 13 Jul 03 release from active duty, her HOR at time of entry is listed as 36707 San Pedro Dr., Apt 120, Fremont, CA 94536. The complete DPSIPE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted a response stating when she was in contact with her recruiter she was a full-time out-of-state student at Alliant International University in California. ...
AF | BCMR | CY2003 | BC-2003-03053
She requested her home of record to be Chaffee MO upon enlistment. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that her home of record at the time of his entry on active duty was Chaffee, MO, rather than Oceanside, CA. ROSCOE HINTON, JR Panel Chair AFBCMR BC-2003-03053 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered...
ARMY | BCMR | CY2013 | 20130016517
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 April 2013 and DD Form 4 (Enlistment/Reenlistment Document) to show her home of record (HOR) as Texas. The applicant states her mailing address was entered as the HOR on both her enlistment contract and her DD Form 214. The DD Form 214 she was issued at the time shows in item 7b (HOR at Time of Entry) the same address shown as the HOR on her DD Form 4.
ARMY | BCMR | CY2014 | 20140011893
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing Item 7b (Home of Record (HOR) at Time of Entry) to show her Selma, Alabama address. Her DD Form 214 shows her HOR as Winter Springs, Florida. There is no authority to change the HOR as officially recorded at time of entry into the military service.
ARMY | BCMR | CY2014 | 20140007148
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011913, on 1 April 2014. It provides guidance for the place of entry and HOR at the time of entry on active duty and states the source document for this information is the appointment document or the order to active duty that records the HOR. Accordingly, her HOR is correctly...
ARMY | BCMR | CY2010 | 20100018191
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7b (Home of Record (HOR) at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her HOR: * from Route X, Box XXX, Enid, MS 38927 * to XXXX M____ B____ D____, Apartment XXX, Huntsville, AL 35803 2. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be...