IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110023428
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) for the period ending 31 October 2010 to show his home of record (HOR) as "Fort Rucker, AL" instead of "Harvey, LA."
2. The applicant states his HOR should be the same as his enlistment contract. The HOR should be where he entered active duty.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) in New Orleans, LA, on 4 October 1988. Item 3 (HOR) of his
DD Form 4 (Enlistment/Reenlistment Document) lists his HOR as "New Orleans, LA."
2. His DD Form 1966/1 (Record of Military Processing Armed Forces of the United States) lists his current address and HOR address as "77xx W. Laxxxxx, New Orleans, LA."
3. He was discharged from the DEP on 16 November 1988 and enlisted in the Regular Army (RA) for 3 years on 17 November 1988. He completed required training and he was awarded military occupational specialty 14S (Avenger Crewmember).
4. He was honorably released from active duty on 18 November 1991. He completed 3 years of creditable active service during this period. His
DD Form 214 shows in item 7b (HOR) "New Orleans, LA."
5. After a break in service, he executed a 4-year enlistment on 7 April 1993. Item 3 of his DD Form 4 listed his HOR as "44 Enxx Avenue, Fort Rucker, AL" and item 4 (Place of Enlistment/Reenlistment) listed the entry "Montgomery MEPS (Military Entrance Processing Station).
6. He executed a 6-year reenlistment on 8 August 1996 and an indefinite reenlistment on 22 March 2001. In each case, he reenlisted at Fort Polk, LA, and in each case, his HOR was listed as "Fort Rucker, AL" on the DD Form 4.
7. He was honorably retired on 31 October 2010 and placed on the retired list on 1 November 2010. His DD Form 214 shows in item 7a (Place of Entry on Active Duty) "Montgomery, AL" and item 7b (HOR) "38xx Soxxx Dexxxxxx Drive, Harvey, LA" (Harvey is a suburb of and within the city limits of New Orleans).
8. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing official military personnel files and personnel records. Table 5-2 of this regulation states that the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Item 7b shows the street, city, state and ZIP code listed as the Soldier's HOR. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, Appendix A). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career.
10. The JFTR provides that the 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.
DISCUSSION AND CONCLUSIONS:
1. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.
2. In this case, the evidence of record shows upon his initial enlistment in the DEP and subsequent enlistment in the RA on 17 November 1988, he listed his HOR as "New Orleans, LA." Accordingly, when his first DD Form 214 was prepared in 1991, it listed his HOR as "New Orleans, LA."
3. However, after a break in service, he enlisted in the RA again on 7 April 1993 and listed his HOR as "Fort Rucker, AL." He served through multiple reenlistments and retired on 31 October 2010. His retirement DD Form 214 incorrectly listed his HOR as "Harvey, LA." As such, this form should be corrected to show the correct HOR as "Fort Rucker, AL."
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 7b of his DD Form 214 for the period ending
31 October 2010 and adding the entry "Fort Rucker, AL 36362."
_______ _ _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) AR20110023428
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ABCMR Record of Proceedings (cont) AR20110023428
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