IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120000939
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 item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an address in Texas.
2. The applicant states:
* Her HOR should be corrected to show Temple, Texas
* She bought a house in Temple, Texas in September 2010
* She has a Texas birth certificate and Texas driver license
3. The applicant provides:
* Texas driver license
* Marriage certificate
* Birth certificate
* Settlement statement
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 March 2005 for a period of
6 years. Item 3 (HOR) of her enlistment contract shows an address in Kennesaw, Georgia. She served as a signals intelligence analyst in Iraq from
14 November 2008 to 23 November 2009. On 10 December 2010, she was honorably released from active duty to attend school.
2. Item 7a of her DD Form 214 shows an address in Kennesaw, Georgia.
3. Army Regulation 635-5 (Separation Documents) states for item 7b, enter the street, city, state, and zip code listed as the Soldier's HOR. "Home of Record" 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 one full day. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants her HOR changed to an address in Texas.
2. The governing regulation states the:
* HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty
* HOR cannot be changed unless there is a break in service of at least one full day
3. Evidence shows her HOR was recorded as Kennesaw, Georgia when she enlisted in 2005 and she did not have a break in service. Therefore, there is no basis for granting 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) AR20120000939
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ABCMR Record of Proceedings (cont) AR20120000939
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