IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130006677 


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 "Boston, MA" instead of "St. Louis, MO."

2.  The applicant states his HOR at the time of his reenlistment was Boston, MA.  He needs his DD Form 214 to show his HOR as Boston, MA, to be placed in a favorable position on the eligible police and firefighter lists for the city of Boston, MA.  During his first enlistment he was given an opportunity to pursue a career in law enforcement as a Boston, MA police officer.  However, near the end of his initial enlistment contract he reenlisted in order to deploy to Afghanistan and therefore in his opinion fulfill his military duties.  Knowing that he wanted to pursue employment with the city of Boston and their strict "residency preference" and having only a short time (3 months) to move his family if he were to separate from active duty, he reenlisted for 2 years.

	a.  He expected to be able to have his HOR changed to reflect Boston, MA during his extended period of service.  However, despite all his efforts through military administrative personnel to have his HOR changed to Boston, MA, this was not accomplished.

	b.  While on leave during his deployment he established residency in Boston, MA.  Upon completion of his deployment he obtained a Massachusetts driver license, registered to vote in Massachusetts, and completed the Boston police and firefighter examinations.  He states he is not requesting this change in an effort to receive increased moving benefits, which has already been accomplished.  It is because, despite his test score of 96 percent, due to the Boston city residency preference he is unlikely to be placed on the police and firefighter eligible list.  He has already moved his family to Boston and without this requested relief he will need to wait 2 more years to gain Boston residency status.

3.  The applicant provides:

* self-authored statement
* Massachusetts Human Resources Division – Civil Service Unit Information for Military Personnel Claiming Residency Preference for the 2011 Police Officer Entry Level Examination
* Boston, MA residential lease agreement effective in June 2011
* Boston, MA voter registration documents issued in January 2012
* Massachusetts driver license issued in April 2012
* Boston, MA Proof of Residency certification for 2012
* January and March 2013 firefighter and police officer examination results reflecting a 96 percent score

CONSIDERATION OF EVIDENCE:

1.  His record shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 26 November 2008.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as "St Charles, MO."  This form shows he enlisted at the Military Entrance Processing Station (MEPS) in St. Louis, MO.

2.  He was discharged from the USAR DEP for the purpose of enlisting in the Regular Army (RA) on 26 January 2009.  His DD Form 4 shows his oath of enlistment in the RA for a period of 2 years and 16 weeks was administered at the MEPS, St. Louis, MO.

3.  On 18 October 2011, he reenlisted in the RA for 2 years.  The DD Form 4 completed in conjunction with his reenlistment shows his HOR as St. Peters, MO.

4.  On 17 March 2013, he was honorably released from active duty.  The DD Form 214 he was issued at the time shows in item 7a (Place of Entry into Active Duty) "St. Louis, MO" and in item 7b (HOR at Time of Entry) "St. Peters, MO."

5.  The Joint Federal Travel Regulation (JFTR), Appendix A, Part 1 provides that the HOR is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct an HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

6.  Army Regulation 635-5 (Personnel Separations - 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  This regulation states for item 7b, a Soldier’s initial enlistment contract or appointment document is the source for this data, or any approved change by Enlisted Records and Evaluation Center (EREC).  Enter the street, city, state, and zip code listed as a 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 (JFTR, Volume 1, Appendix A, Part I).  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 contention that item 7b of his DD Form 214 should be changed to show "Boston, MA" instead of "St. Louis, MO" because his residence was in Boston, MA at the time of his reenlistment in 2011 was carefully considered.

2.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service unless there is a break in service of at least 1 full day.  Any correction to a HOR must be based on evidence that a bona fide error was made.

3.  In this case, the evidence of record shows he entered active duty at the MEPS in St. Louis, MO.  His reenlistment contract should have shown his HOR as St. Charles, MO, and not St. Peters, MO; however, his enlistment contract and reenlistment contract both show his HOR in MO. 

4.  His record shows no break in service.  He states that following his reenlistment in 2011 he repeatedly but unsuccessfully attempted through administrative personnel to have his HOR changed to Boston, MA.  It appears those attempts were unsuccessful because, never having had a break in service, he was not authorized to change his HOR.

5.  Records are not corrected solely for the purpose of establishing eligibility for other programs or benefits.  His desire to have his HOR changed to Boston, MA to see his name placed on the Boston Police Department eligible list is noteworthy.  However, it is not sufficiently mitigating to warrant the relief requested.

6.  Although there is a minor error in the HOR shown in his records, both show a HOR in Missouri, and there is no basis for granting the applicant's requested relief to change his HOR to Boston, MA.

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)                                         AR20130006677



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ABCMR Record of Proceedings (cont)                                         AR20130006677



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