IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100018860
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, that his officially recorded home of record (HOR) be changed.
2. The applicant states:
* his HOR is incorrect
* his Enlisted Record Brief (ERB) shows his HOR is Germany and it should be Danville, Illinois
* his first tour of duty ended in September 1990 and he obtained a European out
* he enlisted in April 2008 in Germany and was told he could not keep his original HOR; however, he later learned he could have kept it
* he will be medically discharged within the next 5-6 weeks due to injuries sustained during his deployment in Israel
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. Item 3 (Home of Record) of the applicant's initial DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) and item 5 (Home of Record Address) of his DD Form 1966 (Record of Military Processing Armed Forces of the United States) show an address in Danville, Illinois. His DD Form 1966 shows he had been living at that address in Illinois since his birth (April 1968).
2. The applicant enlisted in the Regular Army on 10 September 1987 for a period of 3 years. Apparently, he was honorably discharged on 9 September 1990. His DD Form 214 (Certificate of Release from Active Duty) covering this period is not available.
3. The applicant enlisted in the Regular Army on 2 April 2008 for a period of 3 years. Item 3 of the applicant's enlistment contract shows an address in Germany. This contract also shows he had 3 years of prior active service.
4. Medical records show that on 19 July 2010 a physical evaluation board (PEB) found the applicant physically unfit and recommended a combined rating of 30 percent and that his disposition be permanent disability retirement. On 22 July 2010, the applicant concurred with the PEB's findings and recommendations and waived a formal hearing. On 25 July 2010, the U.S. Army Physical Disability Agency approved the PEB's findings and recommendations.
5. The applicant is currently awaiting his disability retirement orders.
6. The applicant's ERB is not available.
7. Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time. A temporary address will not be entered.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states, in pertinent part, that the HOR address on the DD Form 1966 must be in the continental United States or a U.S. Territory.
9. The Joint Federal Travel Regulation provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at the time of entry into military service. However, there is authority to correct an HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's original HOR was Danville, Illinois, during his first enlistment. However, his 2008 enlistment contract shows his HOR as Germany. Since the governing regulation states the HOR address on the DD Form 1966 must be in the continental United States or a U.S. Territory, it would be appropriate to correct the applicant's officially recorded HOR to show the Danville, Illinois, address.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his officially recorded HOR as the Danville, Illinois, address.
__________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) AR20100018860
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ABCMR Record of Proceedings (cont) AR20100018860
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