IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100027966
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) for the period ending 31 May 2008 to show "3xxx West Third Street, Dayton, Ohio 45417" was his home of record (HOR) at the time he entered active duty.
2. The applicant states he joined the Army in August 1987 from Dayton, OH and he never changed his HOR. He states that his HOR listed on his DD Form 214 is due to his expiration term of service (ETS) at Fort Benning, GA in 1999. He states he joined the U.S. Army Reserve (USAR) in Gainesville, GA and then enlisted in the Active Guard Reserve Program from that location. He further states that the person typing the enlistment document assumed it was his home of record.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. His records contain a DD Form 4 (Enlistment/Reenlistment Document) showing his HOR as Dayton, OH at the time of his enlistment in the USAR Delayed Entry/Enlistment Program (DEP) and subsequent enlistment in the Regular Army on 26 August 1987.
2. He was honorably released from active duty by reason of completion of required active service on 2 January 1999. His HOR was shown as Dayton, OH on the DD Form 214 he was issued for this period of active service.
3. A DD Form 4 shows he enlisted in the USAR on 22 January 1999. This document shows his HOR as Flowery Branch, GA. A subsequent DD Form 4 shows he reenlisted for an indefinite period of time in the USAR (AGR) on 24 April 2003. This document shows his HOR as Dayton, OH.
4. His DD Form 214 in question shows he retired from active duty in the USAR after serving during the period 26 September 1999 through 31 May 2008. This form shows both his place of entry into active duty and his HOR as Gainesville, GA.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides that the Soldiers initial enlistment contract, or any approved change by the Enlisted Records and Evaluation Center (EREC) is the source for the HOR data entry. It states that the "Home of Record" is the place recorded as the HOR of the Soldier when enlisted or ordered to a tour of active duty. HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
His initial and his last DD Form 4 show his HOR as Dayton, OH. There is no evidence he requested a change to his original HOR. As such, it would be appropriate to correct his DD Form 214 for the period ending 31 May 2008 to show his HOR as 3xxx West Third Street, Dayton, Ohio 45417.
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 amending item 7b (Home of Record at Time of Entry) of his DD Form 214 for the period ending 31 May 2008 to show "3xxx West Third Street, Dayton, Ohio 45417."
____________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) AR20100027966
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