IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016644
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), ending 30 April 2011, to show his home of record (HOR) as Texas.
2. The applicant states he became a resident of Texas in 1990 and Texas, not Ohio, was his HOR when he became a warrant officer. His HOR at the time was xxxxx Kxxxx Road, Houston, Texas 77060 and a review of his income tax records and Leave and Earnings statements will prove his residency.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. A review of his official military personnel file (OMPF) shows that he lists
17 Nxxx Place, Dayton, Ohio 45404 as his permanent mailing address on the following documents:
* DA Form 61 (Application for Appointment)
* DA Form 160-R (Application for Active Duty)
2. Orders 160-00238-A-593, Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, dated 9 June 1998, show he was ordered to active duty as a warrant officer one effective 2 July 1998 and his HOR is listed as Englewood, Ohio.
3. The applicant's ORB, dated 10 January 2011, contains the entry "OHIO" in Section IV (Personnel/Family Data-HOR).
4. He served continuously on active duty until he retired on 30 April 2011.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for the place of entry and HOR at the time of entry on active duty. The source document for this information is the appointment document or the order to active duty that records the HOR.
6. Joint Federal Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individuals entry on active duty. Joint Federal Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier. It further states the HOR cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, Volume 1, App A, Part I). The 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:
1. The applicant contends his record should be corrected to show his HOR as Texas.
2. The applicant was ordered to active duty as a warrant officer on 2 July 1998 and he served continuously until his retirement on 30 April 2011. His active duty order clearly shows his HOR as Englewood, Ohio.
3. Although he indicates he has been a resident of Texas since 1990, the source document for the HOR is the active duty order and it can only be changed when there is a break in service for at least 1 full day. His HOR is correctly documented in his military record based on his active duty order and there is no basis upon which to grant the requested relief.
4. In view of the above, his request should be denied.
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) AR20110016644
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ABCMR Record of Proceedings (cont) AR20110016644
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