IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019535
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 item 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty from Irving, TX, instead of Raleigh, NC. He further requests correction of item 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 to show his HOR as 8XXX Txxxxxx Vxxxx Txxxx, Hurst, TX 76053, instead of Rxxxx X, Bxx 9X, Washington, NC 27889.
2. The applicant states:
* he has lived in Texas since 1992
* at the time he moved to Texas, he knew it would be his final resting place
* he has provided his final DD Form 4 that shows he was in Texas when he last reenlisted
* during his separation outprocessing appointment at Fort Hood, TX, the clerk asked him to verify the data on his DD Form 214, but as this was an unfamiliar form, he did not note any errors
3. The applicant provides:
* DD Form 214
* 2003 property value notice
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 20 December 2001
* photocopy of the front of an envelope, mailed from the Tarrant Appraisal District, Fort Worth, TX, titled "Exemption Confirmation Notice"
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 August 1988. Item 3 of his DD Form 4 shows his HOR on the date of his enlistment was Rxxxx X, Bxx 9X, Washington, NC 27889. 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.
2. He served through multiple reenlistments and/or extensions in various stateside and overseas assignments, and attained the rank/grade of sergeant first class/E-7. His Enlisted Record Brief shows he was assigned to the Headquarters and Headquarters Company, 4th Infantry Division, at Fort Hood, TX, effective 21 October 1992, and the U.S. Army Recruiting Battalion Dallas, effective 7 January 1999.
3. On 30 September 2010, he was honorably retired from the Army at the completion of 22 years, 1 month, and 28 days of faithful and honorable service. On 1 October 2010, he was placed on the Retired List in the rank/grade of sergeant first class/E-7. Item 7a of the DD Form 214 he was issued shows Raleigh, NC, and item 7b shows Rxxxx X, Bxx 9X, Washington, NC 27889.
4. He provides:
* 2003 property value notice that shows he and his spouse as the owners of a home at 8XXX Txxxxxx Vxxxx Txxxx, Hurst, TX 76053
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 20 December 2001 that shows he executed an indefinite reenlistment at the U.S. Army Recruiting Battalion Dallas on 20 December 2001
* photocopy of the front of an envelope, mailed from the Tarrant Appraisal District, Fort Worth, TX, titled "Exemption Confirmation Notice," that is addressed to Leslie A. PXXXX, XXXX Txxxxxx Vxxxx Txxxx, Hurst, TX 76053
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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
6. Paragraph 2-4h(7) states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR. A Soldier's HOR is defined as their HOR at the time of their commissioning, appointment, or enlistment, or upon being ordered to a tour of active duty, and it cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I). HOR is not always the same as the legal domicile, as defined for income tax purposes. A Soldier's legal domicile may change during their career.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show Texas as his place of entry into active duty and HOR was carefully considered; however, it was determined to be without merit.
2. He provides several documents that show he currently lives in the State of Texas. He contends that items 7a and 7b of his DD Form 214 should reflect his address since his arrival in Texas in 1992. Army Regulation 635-5 states that item 7a documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR, defined as their HOR at the time of their commissioning, appointment, or enlistment, or upon being ordered to a tour of active duty. His enlistment contract confirms his current address and HOR, at the time of his enlistment, was Rxxxx X, Bxx 9X, Washington, NC 27889; therefore, it appears both items are accurately reflected on his DD Form 214 and there is no basis to correct them.
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 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) AR20100022014
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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