IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100023154
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 Form 214 (Certificate of Release or Discharge from Active Duty) to show a San Antonio, TX address in Block 7b (Home of Record (HOR) at Time of Entry).
2. The applicant states he declared his new HOR to be Texas back in 1991 when he purchased his first home and he is reflected on his LES as a Texas resident. He changed his Leave and Earnings Statement (LES) accordingly. He is also a retired Texas veteran and he owns 10 houses.
3. The applicant provides a copy of his LESs for the period 1-30 April 2004 and 1-30 June 2008.
CONSIDERATION OF EVIDENCE:
1. With prior service in the Army National Guard (ARNG) and Regular Army (RA), the applicant last served in the U.S. Army Reserve (USAR) as a Signal Corps officer. He ultimately attained over 20 years of active service and he was retired on 30 November 2008.
2. The applicant's record contains four DD Forms 214 which show the following HOR information:
PERIOD OF DD FORM 214
HOR ON DD FORM 214
#1: 19980312 - 20000615
Kapaau, HI
#2: 20001101 - 20031031
Travis AFB, CA
#3: 20060512 - 20070909
Mililani, HI
#4: 20070910 - 20081130
Mililani, HI
3. The applicant's DD Forms 214 show breaks in active service between #1 and #2, and between #2 and #3. There is no break in active service between #3 and #4.
4. The applicant's record contains active duty orders. Of particular interest are the orders directing him to report on 12 May 2006 and the orders directing him to report on 10 September 2007. They show:
* Orders 06-132-00004, issued by the 9th Regional Readiness Command, Honolulu, HI, dated 12 May 2006, ordered him to active duty from his Mililani, HI address
* Orders A-08-717569, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 13 August 2007, ordered him to active duty from a San Antonio, TX address
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states Item 7b will be completed as follows:
a. Place of Entry Onto Active Duty and Home of Record at Time of Entry. A Soldier's initial enlistment contract or appointment document is the source for this data.
b. In Block 7b, enter the street, city, state and ZIP code listed as a Soldier's home of record. HOR is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty [emphasis added]. This cannot be changed unless there is a break in service of at least 1 full day [emphasis added].
c. 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 his DD Form 214 should reflect his HOR as San Antonio, TX since he declares he is a Texas resident and veteran and he owns
10 houses in Texas.
2. When he entered active duty for his final period of active service as described by his DD Form 214 for the period 20070910-20081130, the applicant was already on active duty. His previous period of active duty was from 20060512-20070909, and there was no break in service.
3. When he entered active duty on 12 May 2006, his HOR was Mililani, HI, which is reflected on his active duty orders. His DD Form 214 issued on 9 September 2007 correctly reflects Mililani, HI as his HOR.
4. When he entered active duty on 10 September 2007, the applicant's active duty orders reflected a San Antonio, TX address; however, there was no 1-day break in service. Therefore, the previous HOR was carried forward onto his last DD Form 214.
5. 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.
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) AR20100023154
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100023154
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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