IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022095
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 item 7a (Place of Entry into Active Duty) and item 7b (Home of Record (HOR) at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 July 2008.
2. The applicant states at the time he was ordered to active duty his HOR was Texas and he was ordered to active duty in Texas.
3. The applicant provides his:
* DD Form 214 with a separation date of 30 July 2008
* DD Form 214 with a separation date of 10 October 2004
* orders to active duty and an amended order
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program on 1 March 2001 for 8 years. His DD Form 4/1 (Enlistment/ Reenlistment Document) shows his HOR as 2*** B**** Ave, New York, NY 10458-3408 and his place of enlistment as Brooklyn, NY. He enlisted in the Regular Army on 11 July 2001 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 19K (Armor Crewman).
2. On 10 October 2004, he was released from active duty and transferred to a troop program unit in Prairie, TX. His DD Form 214 shows in:
* item 7a - Brooklyn, NY
* item 7b - New York, NY 10458
* item 19a (Mailing Address After Separation) "3*** W**** Dr Colleyville, TX 76034"
3. Orders, dated 29 August 2006, ordering the applicant to report for active duty were mailed to him at 3*** W**** Dr., Colleyville, TX 76034 4414. He was ordered to report to Fort Jackson, SC no later than 5 November 2006. These orders were later amended to show a report date of 4 February 2007.
4. On 30 July 2008, he was released from active duty and transferred to the U.S. Army Control Group (Reinforcement). He completed 1 year, 5 months, and
27 days of active service that was characterized as honorable. His DD Form 214 shows in:
* item 7a Bronx, New York
* item 7b 2*** B**** Ave, Bronx, New York 10458
* item 19a "3*** W**** Colleyville, Texas 76034"
5. Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation prescribes the entries in:
* item 7a - the city and state where the Soldier entered active duty
* item 7b - the street, city, state, and zip code listed as a Soldiers HOR
6. Volume 1, Appendix A, Part 1 of the Joint Federal Travel Regulation defines:
a. HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty 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 HOR be changed by the member.
b. The place of entry into active duty in the case of a Reserve Component Soldier when not appointed, commissioned, or enlisted for immediate active duty as the place to which the order to active duty is addressed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's orders for active duty, dated 29 August 2006, were addressed to him at "3911 Woodstock Dr. Colleyville, TX 76034 4414." This is his place of entry on active duty on 4 February 2007; therefore, Colleyville, TX should be entered in item 7a of his DD Form 214 that was issued on 30 July 2008.
2. He was entitled to designate a new HOR at the time of his new tour of active duty on 4 February 2007 because it had been more than 1 day since he was released from active duty.
3. His mailing address when he was released from active duty on 10 October 2004, the address where his orders were sent on 29 August 2006, and his mailing address after his release from active duty on 30 July 2008 are all the same address. It reasonable to conclude he established this address as his new HOR. Therefore, his record should be corrected to show he designated 3*** W**** Dr., Colleyville, TX 76034 4414 as his HOR at the time he entered into a relevant tour of active service on 4 February 2007 and this address should be entered in item 7b of his DD Form 214.
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 was 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:
a. showing he designated 3*** W**** Dr., Colleyville, TX 76034 4414 as his HOR on 4 February 2007 when he was ordered into a relevant tour of active duty; and
b. changing the following items on his DD Form 214 with a separation date of 30 July 2008 to show in:
* item 7a Colleyville, TX
* item 7b "3*** W**** Dr., Colleyville, TX 76034 4414"
_______ _ 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) AR20100022095
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ABCMR Record of Proceedings (cont) AR20100022095
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