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ARMY | BCMR | CY2011 | 20110010635
Original file (20110010635.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010635 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his home of record (HOR) as Sherrodsville, Ohio. 

2.  The applicant states:

* he originally enlisted at Fort Campbell, Kentucky, while visiting his father, who was serving in an active duty status and about to deploy to Iraq
* once his father deployed, both he and his mother returned to their home in Ohio and he reentered school
* he graduated from a high school in Zoarville, Ohio
* he entered active duty within 30 days of high school graduation
* he did his final swearing-in and was shipped out of Broadview Heights, Ohio
* he is unable to obtain Ohio veteran's benefits

3.  The applicant provides an extract of his high school transcript. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program on 23 June 2005.  His DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States), item 4 (HOR Address), shows Fort Campbell, Christian Kentucky.  Additionally, his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), item 3 (HOR), shows Fort Campbell, Kentucky.
2.  The applicant’s Questionnaire for National Security Positions, dated 23 June 2005, shows he lived at an address on Fort Campbell, KY from 22 June 2004 to the present and that he attended Fort Campbell High School from 15 August 2004 to the present.

3.  On 28 June 2006, the applicant enlisted in the Regular Army.  His DD Form 4/3, item 21d (Service Representative Certification) and item 23d (Enlistment Officer Certification), show his confirmation of enlistment took place at the Cleveland, Ohio, Military Entrance Processing Station on 28 June 2006.

4.  Item 7a (Place of Entry into Active Duty) of his DD Form 214 shows Broadview Heights, Ohio.

5.  Item 7b (HOR at the Time of Entry) on his DD Form 214 shows Fort Campbell, Kentucky.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts.  It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment.  A temporary address will not be entered.

7.  The Joint Federal Travel Regulation provides that the home of HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the Soldier.

8.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  This regulation provides that the place the Soldier entered active duty was to be entered in item 7a and item 7b contains the place of enlistment, commission, appointment, or ordered to a tour of active duty.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show his HOR record as Sherrodsville, Ohio, was carefully considered and determined to lack merit.

2.  The preponderance of evidence clearly shows he was issued a properly-constituted DD Form 214 that shows his HOR as Fort Campbell, KY, at the time of separation.  

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)                                         AR20110010635



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ABCMR Record of Proceedings (cont)                                         AR20110010635



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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