BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120022511 


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 show:

* his home of record (HOR) as XX N____ Way, Apartment XX, Palisades Park, NJ 07650-1940
* he served in his primary military occupational specialty (MOS) 3 years and 2 months 
* the Army Achievement Medal (4th Award)

2.  The applicant states he initially enlisted for 4 years.  He served 3 years in MOS 11B (Infantryman) before he was accepted in the chaplain candidate program.  The applicant states he has been trying to fix the above errors since leaving active duty.

3.  The applicant provides:

* DD Form 214
* State of New Jersey Driver's License
* four AAM orders 
* U.S. Army Infantry School Diploma
* Airborne Course Diploma
* Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement
* U.S. Army Human Resources Command (USAHRC) orders
* Enlistment Reservation printout for basic training 
CONSIDERATION OF EVIDENCE:

1.  On 12 April 2004, the applicant enlisted in the Delayed Entry Program at the Boston Military Entrance Processing Station (MEPS), Boston, MA.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his HOR as XX East E____ Avenue, Quincy, MA  02170.  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States), also reflects the same address.  He enlisted in the Regular Army on 27 May 2004.

2.  A U.S. Army Infantry School Diploma, dated 10 September 2004, shows the applicant successfully completed infantry training during the period 4 June to 
10 September 2004. 

3.  Section IV (Personal/Family Data) of the applicant's Enlisted Record Brief, prepared on 31 May 2007, shows his HOR as Quincy, MA.  Section IX (Assignment Information) shows the applicant was assigned to the 1st Battalion (Airborne), 507th Parachute Infantry Regiment for airborne training. 

4.  Orders 194-0006, dated 13 July 2007, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, shows the applicant was honorably released from active duty on 29 July 2007 after completing 3 years, 2 months, and 3 days of creditable active serve in the rank/grade of specialist (SPC)/E-4.  His HOR also shows Quincy, MA.

5.  Item 7b (HOR at Time of Entry) of the applicant’s DD Form 214 shows the entry "XX East E____ Avenue, Quincy, MA  02170-0000."  Item 11 (Primary Specialty) shows the following:  11B1P Infantryman - 2 years and 10 months.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge 

6.  The applicant provided Orders C-08-724448, dated 6 August 2007, issued by the U.S. Army Reserve Command, which shows he was appointed as a Reserve commissioned officer of the Army in the rank and grade of second lieutenant 2LT/O-2, effective 30 July 2007.

7.  The applicant provided his NJ Driver License that shows his current address as XX N____ Way, Apartment XX, Palisades Park, NJ 07650-1940.

8.  The applicant provided four AAM's announced in:

* Permanent Orders 129-526, dated 10 May 2005, issued by Headquarters (HQ), U.S. Army Infantry Center (USAIC), Fort Benning, GA 
* Permanent Orders 212-524, dated 1 May 2006, issued by HQ, USAIC, Fort Benning, GA
* Permanent Orders 045-516, dated 14 June 2007, issued by HQ, USAIC, Fort Benning, GA
* Permanent Orders 197-01, dated 17 July 2007, issued by HQ, 1st Battalion, 41st Infantry Regiment, Fort Riley, KS

9.  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 and establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It provides, in pertinent part, that the HOR is the place recorded as the home of record 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 necessarily the same as the legal domicile as defined for income tax purposes; legal domicile may change during a Soldier's career.

10.  Army Regulation 635-5 states for item 11 of the DD Form 214, from the Enlisted Record Brief, enter the titles of all MOS's served for at least 1 year during the period covered by the DD Form 214.  Include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training (AIT).  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was awarded four Army Achievement Medals.  His DD Form 214 should be amended to show four awards of the Army Achievement Medal.

2.  The applicant contends that item 11 of his DD Form 214 should be corrected to show he served in MOS 11B for 3 years and 2 months instead of 2 years and 10 months.  Army Regulation 635-5 states enter the titles of all MOS's served for at least 1 year during the period covered by the DD Form 214, not counting basic training and AIT.  He completed infantry school on 10 September 2004.  He served in MOS 11B from 11 September 2004 to 29 July 2007, which is 2 years, 10 months, and 19 days.  Therefore, item 11 of his DD Form 214 should be amended to show 2 years and 11 months based on Army Regulation 635-5.   

3.  The applicant’s request to change his HOR from Massachusetts to New Jersey was carefully considered and it was determined there is insufficient evidence to support his request.  

4.  Army Regulation 635-5 provides that the HOR is established at the time a Soldier enters active duty.  The applicant’s personnel records show his HOR as XX East E____ Avenue, Quincy, MA, when he enlisted.  Therefore, his HOR is properly entered in his personnel records and on his as DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "2 YRS 10 MOS" from item 11 of his DD Form 214 
* adding the entry "2 YRS 11 MOS" to item 11 of his DD Form 214
* deleting the "Army Achievement Medal (3rd Award)" from item 13 of his DD Form 214
* adding the "Army Achievement Medal (4th Award)" to item 13 of his DD Form 214

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 

much of the application that pertains to changing his HOR from Massachusetts to New Jersey.



      ___________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)                                         AR20120022511



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ABCMR Record of Proceedings (cont)                                         AR20120022511



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