IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007241
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 7b (Home of Record (HOR) at Time of Entry) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 31 December 2001 and 22 April 2006 and item 4 (Mailing Address) of his DD Form 215 (Correction to DD Form 214) to show an address in Ohio.
2. The applicant states:
* his previous DD Forms 214 displayed his HOR as either Virginia or Georgia
* there are programs in Ohio that provide compensation for veterans who were deployed
* his DD Forms 214 were not unjust
* he is just asking for documentation to reflect his HOR as Cincinnati, Ohio, for deployment and retirement purposes
3. The applicant provides:
* DD Forms 214 for the periods ending 24 October 1991, 22 April 2006, and 31 December 2011
* DD Form 215, dated 18 August 2006
* DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), dated 22 September 1978
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 22 September 1978 for a period of 6 years. Item 6 (HOR) of his enlistment contract shows an address in Cincinnati, Ohio. He enlisted in the Regular Army (RA) on 5 June 1979 for a period of 4 years. He served as a record telecommunications center operator. On 24 October 1991, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
2. Item 7b of his DD Form 214 for the period ending 24 October 1991 shows an address in Cincinnati, Ohio.
3. His 19 August 1998 USAR enlistment contract and five subsequent enlistment contracts show an address in Virginia as his HOR.
4. He was ordered to active duty from the USAR on 25 March 2005 in support of Operation Iraqi Freedom. He served in Afghanistan from 12 April 2005 to 10 March 2006. On 15 March 2006, he was discharged from the USAR for immediate enlistment in the Regular Army.
5. Item 7b of his DD Form 214 as corrected by a DD Form 215 for the period ending 15 March 2006 shows an address in Hampton, Virginia.
6. He enlisted in the RA on 16 March 2006 for a period of 6 years. His enlistment contract shows an address in Hampton, Virginia, as his HOR. He served as an information technology specialist.
7. He provided a DD Form 215, dated 18 August 2006, which shows a mailing address in Virginia address in item 4.
8. On 30 September 2010, he was honorably discharged for immediate reenlistment. He reenlisted on 1 October 2010. His reenlistment document shows an address in Hampton, Virginia, as his HOR. On 31 December 2011, he retired in the rank of staff sergeant.
9. Item 7b of his DD Form 214 for the period ending 31 December 2011 shows an address in Hampton, Virginia.
10. 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 1 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 his HOR changed to an address in Cincinnati, Ohio.
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. The evidence shows his HOR was recorded as Virginia when he enlisted in the USAR in 1998 and when he enlisted in the Regular Army in 2006. He did not have a break in service. In addition, he recorded a Virginia address as his HOR on all subsequent enlistment contracts. 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 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) AR20120007241
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