IN THE CASE OF:	

		BOARD DATE:	    22 May 2014

		DOCKET NUMBER:  AR20130016517 


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) for the period ending 18 April 2013 and DD Form 4 (Enlistment/Reenlistment Document) to show her home of record (HOR) as Texas.

2.  The applicant states her mailing address was entered as the HOR on both her enlistment contract and her DD Form 214.  Both of her parents are uniformed service members currently stationed in Virginia.  Her voter registration card is for a HOR in Texas.  She turned 18 years of age on 24 May 2012, her voter registration card is valid effective 11 June 2012, and her enlistment contract is dated 28 June 2012.  She states that at the time she enlisted she did not understand the difference between HOR and mailing address.  The recruiter was made aware of her HOR but failed to place the correct address on the contract and she failed to ensure the address was correct.  

3.  The applicant provides:

* Form W-2 (Wage and Tax Statement)
* Texas voter registration card
* DD Form 4
* DD Form 214
* Birth Certificate
* father's active duty permanent change of station (PCS) orders
* mother's promotion orders 


CONSIDERATION OF EVIDENCE:

1.  Her record contains a DD Form 4 that shows she enlisted in the District of Columbia Army National Guard (DCARNG) on 28 June 2012.  Item 3 (HOR) of this DD Form 4 listed her HOR as Virginia.  This form shows she enlisted at Fort Meade, MD.

2.  Page 1 of her DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows her current address at the time of her enlistment processing as Virginia.  It lists a Virginia driver's license in the "valid driver's license" block.  It further shows her HOR as Virginia.

3.  On 29 August 2012, she entered active duty for initial entry training.

4.  On 18 April 2013, she was honorably released from active duty for training and she was transferred back to the DCARNG.  The DD Form 214 she was issued at the time shows in item 7b (HOR at Time of Entry) the same address shown as the HOR on her DD Form 4.

5.  She provides:

* State of Texas Certificate of Birth
* National Guard Bureau Orders 101-8, dated 11 April 2011, ordering her father on PCS to Virginia effective 1 June 2012
* promotion order showing her mother's duty location as Virginia
* copy of her mother's Texas driver license 
* Form W-2 showing her address as Texas
* Voter Registration Certificate showing her permanent residence address as Texas with a date of validity of 11 June 2012   

6.  Her record contains numerous enlistment related documents showing her address as Virginia.  These include:

* Form W-4 (Employee's Withholding Allowance Certificate, dated 17 May 2012
* State of Legal Residence Certificate, dated 17 May 2012
* Virginia driver license
* high school diploma

7.  Joint Force Headquarters DCARNG Orders 203-006, dated 22 July 2013, discharged her from the DCARNG effective 22 July 2013.  These orders show her HOR as Virginia.

8.  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 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.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It stated for item 7b, 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, App 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 contentions were carefully considered.  However, there is insufficient evidence to support her request.

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.  Any 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.

3.  In this case, the evidence of record shows she entered active duty at Fort Meade, MD.  An enlistment contract shows her address and HOR as Virginia.  Page 1 of her DD Form 1966 and other enlistment processing related documents show she attended high school in Virginia, had a valid Virginia driver's license, and that she resided in Virginia at the time of her enlistment processing.  Her record further shows she was a member of the DCARNG during this entire period.

4.  In view of the foregoing, there is no basis for granting the relief she requests.
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)                                         AR20130016517



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ABCMR Record of Proceedings (cont)                                         AR20130016517



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