IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014923 


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 records to show his home of record (HOR) is Texas.

2.  The applicant states he entered the U.S. Army in 1986 in California.  He adds that he was married in Texas in 1988 and changed his HOR to Texas in 1989. He further states that after he retired from the Army, he moved with his family to San Antonio, Texas.  He adds that in order for his son to qualify for the Hazlewood exemption for his college, he needs his DD Form 214 (Certificate of Release or Discharge from Active Duty) corrected to show his HOR is Texas.

3.  The applicant indicates that, in support of his application, he submitted copies of two Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements (LESs) for June 1989 and September 2008, and an electric bill showing his current address.  However, the applicant did not provide copies of these documents with his application.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve for a period of 8 years on 14 November 1985.



   a.  Item 3 (Home of Record) shows "PO Box ---, Clarksburg, CA  95612."

   b.  Item 4 (Place of Enlistment/Reenlistment) shows "Oakland MEPS [Military Entrance Processing Station], Oakland, CA."

   c.  This document also shows the applicant enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 20 February 1986 in Sacramento, CA.

2.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 6 years on 30 June 1988.  Item 3 shows "PO Box ---, Clarksburg, CA  95612."

3.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 4 years on 17 March 1993.  Item 3 shows "P.O. Box ---, Clarksburg, CA  95612."

4.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 6 years on 26 September 1996.  Item 3 shows "P.O. Box ---, Clarksburg, CA  95612."

5.  A DD Form 4 shows the applicant reenlisted in the RA for an indefinite period on 24 July 2000.  Item 3 shows "PO Box ---, Clarksburg, CA  95612."

6.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, New York, Orders 042-1025, dated 11 February 2008, ordered the applicant to travel to the U.S. Army Transition Point, Fort Drum, New York, for the purpose of retirement on 31 October 2008.

   a.  The additional instructions show, "You are authorized to ship your household goods to your Home of Selection within 1 year unless specific approval is otherwise authorized."

   b.  The "For Army Use" section shows:
   
* "HOR:  Clarksburg CA US"
* "Place EAD [Entered Active Duty] or OAD: [Ordered to Active Duty]:  Oakland CA US"

7.  The applicant's DD Form 214 shows he was honorably retired from active duty on 31 October 2008 after completing 22 years, 8 months, and 11 days of net active service.



   a.  Item 7a (Place of Entry into Active Duty) shows "Oakland, California."

   b.  Item 7b (Home of Record at Time of Entry) shows "PO Box --- Clarksburg California  95612."

   c.  Item 8b (Station Where Separated) shows "Fort Drum, NY  13602."
   
   d.  Item 19a (Mailing Address After Separation) shows "----- Walden Oak  San Antonio Texas  78260."

8.  There is no evidence in the applicant's military service records that shows he requested a change to his HOR or that the U.S. Army Enlisted Records and Evaluation Center (EREC) approved a change to the applicant's HOR.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the instructions for completing enlistment documents.  It states, in pertinent part, that the home of record address will not be a temporary address.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The instructions for items 7a and 7b state a Soldier's initial enlistment contract or appointment document is the source for this data, or any approved changed by EREC.

   a.  For item 7a enter the city and state where the Soldier entered active duty.

   b.  For item 7b enter the street, city, state, and zip code listed as a Soldier's HOR.  "Home of Record" is the place recorded as the HOR of the Soldier 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 (1) full day. HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 7b of his DD Form 214 should be changed to show his HOR is Texas because he changed his HOR to Texas in 1989 and moved his family to San Antonio, Texas after he retired from the U.S. Army.

2.  The evidence of record shows that upon the applicant's initial enlistment in the U.S. Army he declared his HOR was "PO Box ---, Clarksburg, CA  95612."  The 


evidence of record also shows that the applicant had continuous active duty service from 20 February 1986 through 31 October 2008 and that he affirmed his HOR on all four occasions when he reenlisted in the RA.

3.  There is no evidence that the applicant had a break in service of at least one (1) full day, or that he requested a change to his HOR and EREC approved a change to his HOR.

4.  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.  In addition, item 19a shows the mailing address the applicant chose as his home of selection [emphasis added] on the occasion of his retirement from active duty.

5.  Despite the fact that the applicant did not include copies of the two DFAS LESs (for June 1989 and September 2008) showing that his State of residency or legal domicile was Texas and the electric bill showing his current address [in San Antonio, TX], the applicant's claim concerning these documents is not disputed.  However, documents showing the applicant's State residency, legal domicile, or current residence would not provide sufficient evidence to demonstrate that his HOR was changed from California to Texas.

6.  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.  Therefore, the applicant is not entitled to correction of his DD Form 214.

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)                                         AR20100014923



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ABCMR Record of Proceedings (cont)                                         AR20100014923



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