IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20100008091
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 DD Forms 4 (Enlistment/Reenlistment Document) to show his home of record as El Paso, Texas.
2. The applicant states that his home of record was to be corrected at the time he transferred from the U. S. Army Reserve to the Regular Army.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4, dated 23 March 2006, shows that he enlisted in the U. S. Army Reserve for 8 years. Item 3 (Home of Record) of this form shows Keysville, Georgia.
2. Orders 07-100-00016, Fort McPherson, Georgia, dated 10 April 2007, discharged the applicant from the U. S. Army Reserve effective 30 January 2007, based on his subsequent enlistment in the Regular Army.
3. The applicant's DD Form 4, dated 31 January 2007, shows he enlisted in the Regular Army for 3 years in the rank of private first class, pay grade E-3. Item 3 (Home of Record) shows Keysville, Georgia.
4. The applicant's DD Form 4, dated 6 February 2008, shows he reenlisted in the Regular Army for 3 years in the rank of specialist, pay grade E-4. Item 3 (Home of Record) of this form shows Keysville, Georgia.
5. Orders 036-0904, Fort Gordon, Georgia, dated 5 February 2010, released the applicant from assignment and duty due to a physical disability rated at
40 percent disabled. His permanent disability retirement was effective 16 April 2010. These orders show his home of record as Keysville, Georgia.
6. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (Home of Record) provides for:
a. US Army Reserve - enter the address the Soldier claims as a permanent address (street, city, state to be spelled out)
b. Regular Army - enter the street, city, state and zip code of the home of record. Home of record is the place recorded as the home of the Soldier when enlisted. The place recorded as the home of record for the Soldier when the Soldier reenlisted remains the same as that recorded when he enlisted unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the home of record be changed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his home of record should be recorded on his
DD Form 4 as El Paso, Texas.
2. The evidence of record clearly shows the applicant enlisted in the United States Army Reserve on 23 March 2006. He was discharged from the Reserve on 30 January 2007 and enlisted in the Regular Army on 31 January 2007. This was a change in Component without a break in service.
3. The available evidence shows the applicant designated Keysville, Georgia as his home of record when he entered the U.S. Army Reserve in 2006. He had no break in service from that date until his retirement in 2010. Therefore, he was not authorized the option to change his home of record.
4. 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. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20100008091
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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