IN THE CASE OF:	  

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120016128 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her:

* place of entry into active duty as Des Plaines, IL instead of Des Moines, IA in item 7a (Place of Entry Into Active Duty)
* home of record (HOR) as Waukegan, IL instead of Des Moines, IA in item 7b (HOR)
* foreign service in Iraq in item 12f (Foreign Service)

2.  She states she entered active service from the Des Plaines, IL Military Entrance Processing Station (MEPS) not the Des Moines, IA MEPS.  She lived in Waukegan, IL when she entered active duty, not Des Moines, IA.  She served in Iraq, but it's not reflected in item 12f on her DD Form 214.

3.  She provides:

* DD Form 214
* Department of the Treasury, Internal Revenue Service Form W-4 (Employee's Withholding Allowance Certificate)
* Department of Defense, MEPS Orders 5243008
* DA Form 31 (Request and Authority for Leave)
* State of Illinois Drivers License Abstract



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 August 2005.  Her DD Form 4 (Enlistment Contract – Armed Forces of the United States) for this enlistment is not present in her service record. 

2.  She provided Orders 5243008, dated 30 August 2005, which indicate these orders were published by Department of Defense, MEPS located in Des Plaines, IL.  

3.  She provided a 2005 Form W-4, dated 2 September 2005, which indicates the city and state of her home address as Waukegan, IL.  

4.  She provided a DA Form 31, dated 22 November 2005, in which indicates her the city and state of her leave address as Waukegan, IL.  She also provided her driver's license application for the State of Illinois.  

5.  Her DD Form 214 shows she served in Iraq from 11 February 2007 to 21 April 2008, which is a period of 1 year, 2 months, and 11 days of foreign service.

6.  She reenlisted in the Regular Army on 30 July 2008.  Her reenlistment contract shows her HOR as Des Moines, IA.  

7.  Her service record includes Orders 060-0024, issued by Headquarters, Third Infantry Division and Fort Stewart, dated 29 February 2012, releasing her from active duty.  These orders show her HOR as Des Moines, IA.

8.  She was honorably released from active duty on 29 July 2012.  Her mailing address at the time of her separation was Beach Park, IL.

9.  Her DD Form 214 shows in:

* Item 7a she entered into active duty in Des Moines, IA
* Item 7b her HOR as Des Moines, IA
* Item 12f no entry for foreign service

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation directs the following:

	a.  Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b.

	b.  The HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.

	c.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day.

	d.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding her entering active duty in Des Plaines, IL, not Des Moines, IA is acknowledged and determined to have merit.  

2.  The applicant enlisted in the Regular Army on 31 August 2005.  Although her contract for this enlistment is unavailable, she provided Orders 5243008, dated 30 August 2005, which show she enlisted in Des Plaines, IL and there is sufficient evidence which shows her HOR as Waukegan.  Therefore, any reasonable doubt that her place of entry into active duty is Des Plaines, IL and her HOR as Waukegan, IL, should be resolved in her favor.  

3.  The evidence of record shows she served in Iraq from 11 February 2007 to 21 April 2008 (a period of 1 year, 2 months, and 11 days).  However, her DD Form 214 does not reflect any foreign service in item 12f.  Therefore, it would be appropriate to amend item 12f to reflect 1 year, 2 months, and 11 days of foreign service.

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 the DD Form 214 of the individual concerned be corrected by:

   a.  amending item 12f to show the entry "0001 02 11;"
   
   b.  deleting the entry "DES MOINES, IOWA" from item 7a and replacing it with the entry "DES PLAINES, ILLINOIS;" and 
   
   c.  deleting the entry "DES MOINES, IOWA" from item 7b and replacing with the entry "WAUKEGAN, ILLINOIS."  




      ____________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)                                         AR20120016128





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ABCMR Record of Proceedings (cont)                                         AR20120016128



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