Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100022095
Original file (20100022095.txt) Auto-classification: Approved

		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 Soldier’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022095



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100014923

    Original file (20100014923.txt) Auto-classification: Denied

    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.

  • ARMY | BCMR | CY2006 | 20060004531C070205

    Original file (20060004531C070205.doc) Auto-classification: Approved

    The applicant requests correction to item 7a (Place of Entry into Active Duty), item 7b (Home of Record At Time of Entry), item 11 (Primary Specialty – List Number, Title and Years and Months in Specialty), item 12c (Record of Service Net Active Service this Period), item 12f (Record of Service Foreign Service), item 16 (Days Accrued Leave Paid), item 18 (Remarks), item 19a (Mailing Address After Separation), and item 19b (Nearest Relative). Paragraph 2-4h (12) (c) of Army Regulation 635-5...

  • ARMY | BCMR | CY2009 | 20090020274

    Original file (20090020274.txt) Auto-classification: Denied

    The applicant requests correction to item 7b (Home of Record (HOR) at the Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 April 1998. The same HOR is listed on his 1997 DD Form 4/1 as shown in Item 7a of this DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request or that Item 7b of his DD Form 214 is in error or unjust.

  • ARMY | BCMR | CY2013 | 20130020729

    Original file (20130020729.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of residence, i.e., Home of Record (HOR)), in item 7b (HOR at Time of Entry) from Spokane, WA, to Boerne, TX. His DD Form 1966/1 (Record of Military Processing) shows in item 4 (HOR Address) the entry "31XX S. Fixxx, Spokane, WA, 99223." In this case, the evidence of record shows upon his enlistment in the DEP and subsequent enlistment in the RA in May 2008, the...

  • ARMY | BCMR | CY2008 | 20080007898

    Original file (20080007898.txt) Auto-classification: Denied

    The applicant requests that his home of record (HOR) be changed from Florida to New York. Item 7b (Home of Record at Time of Entry) on the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR as Pompano Beach, FL. The evidence does indicate that he was a resident of New York at the time he enlisted.

  • ARMY | BCMR | CY2011 | 20110019095

    Original file (20110019095.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as "San Antonio, TX." a. Paragraph 2-4h(7) states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR.

  • ARMY | BCMR | CY2011 | 20110024987

    Original file (20110024987.txt) Auto-classification: Denied

    The applicant requests his home of record be changed from an address in Bronx, NY to an address in Great Falls, MT. There is no authority to change the HOR as officially recorded at time of entry into the military service. The home of record address upon enlistment is designated by the applicant.

  • ARMY | BCMR | CY2012 | 20120001730

    Original file (20120001730.txt) Auto-classification: Approved

    A DD Form 214 shows the applicant entered active duty on 7 January 2005, she was honorably REFRAD on 6 February 2006 based on completion of required active service. The evidence of record also shows the applicant had continuous service as a member of the USAR from 31 January 2000 through the date she was REFRAD on 6 February 2006. b. Thus, records show the applicant's HOR was incorrectly recorded on her orders when she was ordered to active duty in support of OEF on 7 January 2005.

  • ARMY | BCMR | CY2014 | 20140011851

    Original file (20140011851.txt) Auto-classification: Approved

    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 | CY2011 | 20110022626

    Original file (20110022626.txt) Auto-classification: Denied

    The applicant requests correction of items 19a (Mailing Address After Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "97xx Cxxxxxxxn, Mixxx, Flxxxx 33xxx" in lieu of the exiting entries. The applicant provides his DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.