BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002141
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 that her DD Form 214 (Certificate of Release or discharge from Active Duty) be corrected to show that her home of record (HOR) is Texas.
2. The applicant states, in effect, that although she entered the Army in New York she has lived in Texas since 1988. She pays taxes on her home there, and she votes there as well. She further states that she is trying to register her daughter for college and access funds through the Hazelwood Act [which provides for qualified Texas Veterans and their family members to receive education assistance].
3. The applicant provides a copy of her DD Form 214, retirement orders, divorce decree, reenlistment contract, personal property documents, and her Department of Veterans Affairs Rating Decision.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in Brooklyn, New York, originally enlisted in the Regular Army in New York on 24 January 1983, and served as a supply specialist until she was honorably discharged on 4 April 1985.
2. On 13 June 1988, she again enlisted in the Regular Army in New York for a period of 4 years and training as a construction engineer surveyor. At the time of enlistment she indicated that her HOR was Brooklyn, New York.
3. She completed her training and was transferred to Fort Hood, Texas for duty as a surveyor in an engineer company but was subsequently assigned the duties as a supply specialist which she continued to perform throughout the remainder of her career.
4. She served overseas tours in Saudi Arabia, Korea and Hawaii and each time she returned to the United States she was assigned to Fort Hood, Texas.
5. On 30 April 2006, she was retired and transferred to the Retired List in the pay grade of E-7 effective 1 May 2006. She had served 20 years and 29 days of active service and her DD Form 214 reflects her HOR at the time of entry was an address in Brooklyn, New York.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information from official records that is current as of the effective date of separation.
7. The Department of Defense (DOD) Financial Management Regulation, also known as the DOD Pay Manual, provides, in pertinent part, that there are no provisions to change a HOR designation in official records unless it can be proven that a mistake was made at the time of entry and that the HOR was not the actual HOR at the time or if there was a break in service of at least 1 full day. A Soldiers initial enlistment contract is the source for this data. HOR is not always the same as legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. While it is certainly understood why the applicant desires her HOR to be changed on her DD Form 214, official records are not altered simply for the purpose of qualifying individuals for benefits.
2. The evidence of record clearly shows that she was born in Brooklyn, New York, that she was living in Brooklyn, New York and that she claimed Brooklyn, New York as her HOR at the time of enlistment.
3. Although she has always been stationed at Fort Hood, Texas while serving in the Continental United States that in of itself does not serve to change her HOR. It simply establishes a legal residence. Accordingly, there appears to be no error or injustice in this case and no basis to change her HOR at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x_ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ 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) AR20110002141
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002141
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130001403
The applicant, the widow of a deceased former service member (FSM), requests correction of item 8c (Home of Record (HOR) at Time of Entry into Active Service) of the FSM's DD Form 214 (Report of Separation from Active Duty) for the period ending 30 June 1977 to show XXXXX I____ Drive, El Paso, Texas. From the time the FSM was inducted into the Army on 18 June 1953 until his reenlistment in the Regular Army on 1 May 1964, an HOR was not listed on his induction/enlistment/reenlistment...
ARMY | BCMR | CY2006 | 20060016257
The applicant requests that item 7b (Home of Record at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show a Texas address. She contends that her home of record was never correct so she requested that both her name and address be corrected at the same time; however, only her name was corrected. Although the applicant contends that she considers Texas her home and that she never intended her home of record to be Washington, her...
ARMY | BCMR | CY2011 | 20110019535
Items 4 (Current Address) and 5 (HOR) of his DD Form 1966/1 (Record of Military Processing Armed Forces of the United States), a source document for the DD Form 4, shows his current address and HOR, on the date of his enlistment and entry into active duty, was Rxxxx X, Bxx 9X, Washington, NC 27889. 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 | BCMR | CY2014 | 20140007508
The applicant requests his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Texas. Upon being medically discharged from active duty, his HOR on his DD Form 214 was listed as Ohio. The evidence of record confirms that the applicants HOR at the time of his enlistment in the RA was Ashtabula, OH.
ARMY | BCMR | CY2010 | 20100014923
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.
As a result, we recommend denial of the 8.. OGAN,C t,USAF Chief, Skills c \ DEPARTMENT O F THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER R A N D O L P H AIR FORCE B A S E TEXAS MEMORANDUM FOR AFBCMR FROM HQ AFPC/JA (Maj Reed) 550 C Street West Ste 44 Randolph AFB TX 78 150-4746 SUBJECT: Application for Correction of Military Records - c 30 January 1998 - REOUESTED ACTION: ADDlicantmxmests that her home of record OKOR) be changed fro BASIS FOR REQUEST: Applicant believes that it is an...
ARMY | BCMR | CY2012 | 20120000939
The applicant requests item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an address in Texas. The applicant wants her HOR changed to an address in Texas. The governing regulation states the: * HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty * HOR cannot be changed unless there is a break in service of at least one full day 3.
ARMY | BCMR | CY2010 | 20100007769
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7b (Home of Record) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Killeen, TX, instead of Miami, FL. Therefore, there is insufficient evidence on which to base correction of her records to show her HOR as Killeen, TX.
ARMY | BCMR | CY2013 | 20130018886
The applicant requests that his home of record (HOR) be changed from Colorado to Texas. He has resided in Texas for 12 years with the intent of retiring there and he desires his HOR to be changed to Texas so he can take advantage of education opportunities available under the Hazelwood Act. While it is certainly understood why the applicant desires his HOR to be changed in his official records, such records are not altered simply for the purpose of qualifying individuals for benefits.
ARMY | BCMR | CY2013 | 20130019622
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 2012 to change Item 7b (Home of Record (HOR) at Time of Entry) from Lancaster, California to Killeen, Texas. When he retired he became a member of the Texas Veteran Commission. There is no authority to change the HOR as officially recorded at time of entry into the military service.