BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110012379
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 his home of record (HOR) be changed from San Diego, California to El Paso, Texas.
2. The applicant states in 2009 an error was made during his reenlistment in Iraq. His home of record (HOR) needs to be changed to an address in El Paso, Texas instead of his former HOR in San Diego.
3. The applicant provides a copy of his deployment orders, a copy of his Honorable Discharge Certificate dated 9 April 2009 and a photograph of his reenlistment.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve in San Diego, California on 28 December 2001 for a period of 8 years under the delayed entry program. He declared his HOR as San Diego at that time. He enlisted in the Regular Army on 27 February 2002 for a period of 3 years, training as an infantryman, and a cash enlistment bonus. He completed one-station unit training at Fort Benning, Georgia and was transferred to Hawaii.
2. On 12 July 2005, in connection with his release from active duty, he enlisted in the California Army National Guard (CAARNG) for a period of 4 years, 3 months, and 26 days. He declared the same HOR in San Diego at that time.
3. On 17 October 2006, he again enlisted in the Regular Army in San Diego for a period of 3 years and declared a different address in San Diego as his HOR.
4. On 10 April 2009, while deployed to Iraq, he reenlisted for a period of 3 years and a selective reenlistment bonus. He declared the same HOR in San Diego as his last enlistment.
5. 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. The available evidence of record clearly shows the applicants HOR was San Diego, California at the time of his initial enlistment and after he was separated for immediate reenlistment without a break in service.
2. At the time he reenlisted in Iraq there was no break in service of at least 1 day or more. Accordingly, he was not authorized to change his HOR at that time.
3. Although the applicant has not provided any explanation as to his desire to change his HOR, he has failed to show the HOR entered on his enlistment contract was in error or that he had at least a 1 day break in service that would have allowed him to change his HOR.
4. Accordingly, there appears to be no error or injustice in this case and no basis to change his 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his 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) AR20110012379
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ABCMR Record of Proceedings (cont) AR20110012379
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