BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120020960
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 records to show his home of record (HOR) as San Antonio, Texas (TX) instead of Florence, Arizona (AZ).
2. He applicant states he enlisted in AZ, but he was a citizen of TX at the time of entry in the Army. When questioning his HOR error he was always told it did not matter what his HOR states.
3. He provides:
* 2007, 2008, 2009, 2010, and 2011 W-2 Forms (Wage and Tax Statement)
* TX Department of Public Safety Driver License Certified History Record
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4/1 (Enlistment/Reenlistment Document), signed by the applicant on 4 April 2007, shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP), in pay grade E-1, on 4 April 2007.
2. He enlisted in the Regular Army (RA) on 16 April 2007 for 3 years. The
DD Form 4/1 contains the following entries:
* Item 3 - (HOR) P.O. Box _ _ _ _, Florence, AZ 85232-0000
* Item 4 - (Place of Enlistment/Reenlistment) Phoenix Military Entrance Processing Station, Phoenix, AZ 85004-2357
3. His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), completed and signed by the applicant in 2007, contains the following entries:
* Item 3 (Current Address) _ _ _ S. Main Street, Florence, Pinal, AZ, 85232
* Item 4 (HOR) P.O. Box _ _ _ _, Florence, Maricopa, AZ
* Item 14 (Valid Driver's License) AZ, expires 7 September 2046
4. His security clearance questionnaire shows he resided in Florence, AZ from 15 January 2007 to the present; in Florence, AZ from 17 September 2006 to 14 January 2007; in Minnesota from 18 October 2004 to 16 September 2006; in San Antonio, TX from 19 January 2003 to 17 October 2004; and in Minnesota or Texas at earlier times.
5. He reenlisted in the RA on 27 April 2009 for 3 years. The DD Form 4/1 contains the following entries:
* Item 3 - (HOR) P.O. Box _ _ _ _, Florence, AZ 85232-0000
* Item 4 - (Place of Enlistment/Reenlistment) Headquarters and Headquarters Company, Special Troops Battalion, Fort Campbell, Kentucky 42223
6. He was honorably released from active duty on 26 April 2012 and he was transferred to a Reserve unit. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR as P.O. Box _ _ _ _, Florence, AZ 85232.
7. A review of his Army Military Human Resource Record (AMHRR) located in the integrated Personnel Electronic Records Management System (iPERMS) shows all pertinent documents reflect his HOR as Florence, AZ.
8. Joint Federal Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individuals entry on active duty. Joint Federal Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the Soldier. It further states the HOR cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, 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 Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's HOR was Florence, AZ, and the place of enlistment was Phoenix, AZ, at the time of his enlistment in the DEP and RA on 26 April and 5 June 2008, respectively. This is also the HOR at the time of his reenlistment in the RA and release from active duty on 27 April 2009 and 26 April 2012, respectively.
2. His AMHRR shows all pertinent documents reflect his HOR as Florence, AZ at the time of his enlistment. They show he not resided in Texas since October 2004, three years prior to his enlistment. Therefore, he is not entitled to correction of his HOR listed in his record from Arizona to Texas.
3. In view of the foregoing, there is no basis for granting his 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) AR20120020960
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