IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110024269 


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 5 August 2011 to show his home of record (HOR) as "xxxx Sxxxxxxxx 17th Cxxxxx, Ocala, FL, 34471" instead of the address that his currently listed on his DD Form 214. 

2.  The applicant states, in effect, when he processed out of Fort Benning, GA, a mistake was made with respect to his HOR.  He has been a resident of Ocala, FL, for 56 years.  He has a Florida Homestead Exemption and his home is in Florida.  His previous DD Forms 214 and Leave and Earnings Statements (LES) all reflect Florida as his address/HOR.

3.  The applicant provides:

* DD Forms 214 ending 4 September 2011, 31 August 2010, and 31 August 2008
* DD Form 214 (Report of Separation from Active Duty) ending 30 January 1979
* LES History Display

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (Reserve Officers' Training Corps Program) on 20 September 1976.  His DD Form 214 (Enlistment Contract) listed his HOR as "xxx Sxxxxxxxx 14th Street, Ocala, FL." 

2.  He was appointed as a Reserve commissioned officer of the Army and executed an Oath of Office at the University of Florida, Gainesville, FL, on 26 August 1978.

3.  On 14 October 1978, he entered active duty and completed the Military Police Basic Officer Course.  He was honorably released from active duty on 30 January 1979.  His DD Form 214 for this period of service listed his HOR as "xxx Sxxxxxxxx 14th Street, Ocala, FL."

4.  He entered active duty in Ocala, FL, on 27 June 1983.  He served in a variety of stateside or overseas assignments and he was promoted to colonel (COL).   

5.  On 18 March 2008, the applicant submitted an application for voluntary retirement with an effective date of 31 August 2008.  He listed the Fort Jackson, SC, Transition Center and his permanent home address as "xxx Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072."  

6.  On 23 April 2007, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P-04-890046 authorizing his retirement effective 31 August 2008.  The orders listed his HOR as "Ocala, FL" and the authorized place of retirement as "Fort Jackson, SC."

7.  He was honorably retired from active duty on 31 August 2008 by reason of sufficient service for retirement.  His DD Form 214 for this period of service shows in:

* Item 7a (Place of Entry Into Active Duty) - "Ocala, Florida"
* Item 7b (HOR at Time of Entry) - "xxxx Sxxxxxxx 17th Cxxxxx, Ocala, FL, 34471"

8.  Prior to his retirement, he submitted two DA Forms 160-R (Application for Active Duty) on 29 April 2008 and 18 May 2008 requesting to enter active duty, under the Retiree Recall Program.  In each case, he listed his address in item 8a (Permanent Address) as "100 Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072."

9.  Also prior to retirement, on 2 July 2008, the U.S. Army Human Resources Command, St. Louis, MO, published Orders A-07-812457 ordering him to active duty effective 1 September 2008.  The orders directed him to report to Fort Jackson, SC, for accession and listed his home address and HOR as
"xxx Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072." 

10.  He entered active duty on 1 September 2008 and completed a period of service with Eighth U.S. Army, Korea.  
11.  On 26 May 2010, the Installation Management Command, Korea Region, published Orders 146-0004 ordering his release from active duty effective 31 August 2010.  The orders listed the place of reentry on active duty as "Lexington, SC" and his HOR as "Ocala, FL."

12.  He was honorably released from active duty on 31 August 2010.  His 
DD Form 214 for this period of service shows in:

* Item 7a - "Lexington, South Carolina"
* Item 7b - "xxxx Sxxxxxxxx 17th Cxxxxx, Ocala, FL, 34471"

13.  Prior to his release from retiree recall active duty, he again submitted two DA Forms 160-R, on 19 May 2010 and 24 June 2010, requesting to enter active duty for an indefinite period under the Retiree Recall Program.  In each case, he listed his address in item 8a as "100 Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072."   Furthermore, he underwent a medical examination on 19 May 2010 and he listed his home address as "Lexington, SC 29072." 

14.  Also prior to his release from retiree recall active duty, on 20 August 2010, the U.S. Army Human Resources Command, St. Louis, MO, published Orders   M-08-000752 ordering him to active duty in support of Operation Iraqi Freedom effective 1 September 2010.  The orders:

* listed his home address as "xxx Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072" 
* stated that this was a consecutive assignment; he would not incur a break in service
* directed him to report to Fort Benning, GA, effective 4 September 2010, for processing and onward movement to Iraq

15.  On 1 September 2010, he entered active service and completed a period of service in Iraq from 11 September 2010 to 4 August 2011.

16.  He was honorably released from active duty on 4 September 2011.  His 
DD Form 214 for this period of service shows in:

* Item 7a - "Fort Benning, Georgia"
* Item 7b - "xxxx Soxxxxxxx 17th Cxxxxx, Ocala, FL, 34471"

17.  His most recent Officer Record Brief, dated 17 May 2010, listed his mailing address as "xxx Sxxxxx Cxxxx Cxxxx, Lexington, SC 29072." 


18.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification 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.

19.  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.  The "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), 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 Soldier’s career.

20.  The JFTR provides, in pertinent part, 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.  Upon his initial enlistment and subsequent appointment as a commissioned officer, the applicant listed his HOR as "Ocala, FL."  This remained his HOR until his retirement in August 2008.  It is correctly shown on his retirement DD Form 214 for the period ending 31 August 2008.

2.  When he submitted his retirement application he stated that his permanent residence immediately after retirement would be "Lexington, SC."  When he submitted his retiree recall applications, he also stated that his home was now "Lexington, SC."  When his retiree recall orders were issued, they correctly listed his home as "Lexington, SC."  In other words, when he reentered active service he did so from "Lexington, SC," not "Ocala, FL."  

3.  His first retiree recall DD Form 214 for the period ending 31 August 2010 erroneously listed his HOR as "Ocala, FL."  It should have listed his HOR as "Lexington, SC."  However, this DD Form 214 is not being contested and without the applicant specifically requesting so, it should not be changed. 

4.  But, since his second period of retiree recall was a consecutive assignment and the applicant's HOR was no longer "Ocala, FL" his second retiree recall 
DD Form 214 for the period ending 4 September 2011 correctly listed his HOR as "Lexington, SC."  There is no error.  The applicant's actual home at the time of reentry into the relevant period of service was "Lexington, SC."  

5.  The fact that he lived in Florida 56 years and he has a Homestead Exemption on his home in Ocala, FL, did not change the fact that when he reentered active duty under the retiree recall program he did so from Lexington, SC, not from Ocala, FL.  Therefore, he is not entitled to the requested relief.

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)                                         AR20110024269



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024269



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1