BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20130012113 


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 "Springtown, Texas" instead of "Fort Stewart, GA."

2.  The applicant states he was a legal resident of the State of Texas when he enlisted in the U.S. Army.  He requested that his recruiter use the address listed on his Texas driver license as his HOR; however, he subsequently learned his HOR is listed as "Fort Stewart, GA."  

3.  The applicant provides:

* Orders 067-0021
* DD Form 2058 (State of Legal Residence Certificate)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Texas Department of Public Safety Under 21 Driver License
* Defense Finance and Accounting Service Form 702 (Leave and Earnings Statement)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 10 July 2007.  Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his HOR as "Fort Stewart, GA."  He enlisted at the Military Entrance Processing Station (MEPS) at Jacksonville, FL.

2.  His record contains a Security Clearance Application dated 10 July 2007, which shows the applicant apparently lived at his sister's address in the State of Georgia for 5 months prior to his enlistment.  The applicant's parents reside at the Springtown, TX address he requests to claim as his HOR and the form further shows that he lived at the Texas address for approximately 2 years prior to apparently visiting his sister.

3.  On 26 July 2007, he was discharged from the USAR DEP and he enlisted in the Regular Army for a period of 6 years on the same date.  

4.  Orders 067-0021, issued by Headquarters, Third Infantry Division and Fort Stewart, dated 8 March 2013, shows he was released from active duty and transferred to the USAR Control Group (Reinforcement) effective 25 July 2013.  These orders listed his HOR as "Fort Stewart, GA."

5.  The DD Form 214 he was issued at the time shows in:

* item 7a (Place of Entry Into Active Duty) - "Jacksonville, Florida"
* Item 7b (HOR at Time of Entry (City and State, or complete address if known)) - "Fort Stewart, Georgia"

6.  The applicant provides a DD Form 2058, dated 31 July 2007, which shows his legal residence as "Springtown, TX."  In addition, he provides a copy of his Texas Department of Public Safety Under 21 Driver License which also lists a "Springtown, TX" address.  The driver license number corresponds with the number listed in item 14 (Valid Driver's License) of the DD Form 1966 which was completed at the time of his enlistment processing.

7.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program.  Table 11-1 of this regulation defines the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  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 one full day.  Only if a break in service exceeds one full day can the HOR be changed by the member.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 7a of the DD Form 214 shows the place of entry onto active duty.  Item 7b shows the HOR at time of entry.  The HOR 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 (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I).  The HOR is not always the same as the legal domicile as defined for income tax and other purposes.  Legal domicile may change during a Soldier's career.

9.  The JFTR provides, in part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  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 a 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.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he requested his recruiter use the address listed on his Texas driver license as his HOR and therefore his DD Form 214 should be changed to show his HOR as "Springtown, TX" vice "Fort Stewart, GA" 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.  Any correction to a HOR must be based on evidence that a bona fide error was made.

3.  The evidence of record shows the applicant was processed for enlistment in the U.S. Army at the MEPS in Jacksonville, FL.

	a.  The evidence of record also shows the applicant indicated his address was in Springtown, TX, and he had a valid Texas driver's license.

	b.  The applicant's enlistment documents show his HOR was recorded as Fort Stewart, GA.

	c.  It is reasonable to presume that at the time of his enlistment processing, he was visiting his sister who resided at Fort Stewart, GA.  Thus, Fort Stewart, GA, clearly was a temporary address for the applicant.

4.  Based on the evidence of record, and as a matter of equity, it would be appropriate to correct the applicant's records to show his HOR as Springtown, TX.

BOARD VOTE:

__x___  __x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected 
to show his HOR as Springtown, TX.




      _______ _ 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)                                         AR20130012113



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ABCMR Record of Proceedings (cont)                                         AR20130012113



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