IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110024700
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) to change his home of record (HOR) from Arizona to Alabama.
2. The applicant states that on the day he entered active service he verbally requested his HOR to be shown as Michigan and his legal residency to be shown as Arizona. This error has never been corrected. He was told that the State he enlisted in would be his legal residence, not his HOR.
3. The applicant did not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 March 2005. He currently holds military occupational specialty 35M (Human Intelligence Collector) and the rank/grade of staff sergeant/E-6. He is currently assigned to Headquarters Support Command, 1st Special Forces Group A, Joint Base Lewis-McChord, WA.
2. His records contain two DD Forms 4 (Enlistment/Reenlistment Document-Armed Forces of the United States). Item 3 (HOR) of both contracts lists his HOR as Arizona. He signed both contracts in the appropriate block.
3. There is no record of Michigan ever being listed as his HOR.
4. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. A temporary address will not be entered.
5. The Joint Federal Travel Regulation provides that the home of 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The military HOR and legal address are not always the same. The HOR is the city and state a service member claimed as a legal residence on his enlistment contract upon his initial enlistment. A legal address refers to the place where a service member intends to return to and live after discharge or retirement, and which they consider their permanent home. The legal address determines what state tax laws a service member is subject to, and in which local city, county, and state elections they may vote.
2. The applicant's records contain two enlistment contracts listing his HOR as Arizona. Further, the applicant has not provided evidence to show that his HOR was entered incorrectly on his enlistment contract.
3. Based on the forgoing, the applicant's requested relief 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.
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