BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018877
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 that his home of record (HOR) be changed to an address in Kenosha, WI.
2. The applicant states he was a resident of Wisconsin prior to entering the Army. After graduating from his high school in June 2011, he was not able to find work. His grandfather was in the hospital and his grandmother was unable to take care of herself after a hip operation. He left Kenosha, WI and went to Granite City, IL to assist his grandparents. While assisting his grandparents he decided to enlist in the Army. The closest Military Entrance Processing Station (MEPS) was in St. Louis, MO. The recruiter at the MEPS told him he could not enlist at that station as a Wisconsin resident. He was told to bring in a piece of mail from his grandparents' address, so the recruiter sent him mail at the address in Granite, IL. He tried to have his HOR corrected when he got to his permanent duty station in Korea, but he was unable to do so.
3. The applicant provides no additional documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records contain a DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 5 January 2012 which shows he enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 5 January 2012.
2. His records contain a Standard Form (SF) 86 (Security Clearance Application), dated 5 January 2012, that shows in September 2008 he attended high school in Kenosha, WI and he graduated in June 2011. In October 2011, he settled in Granite City, IL.
3. On 6 February 2012, he enlisted in the Regular Army at the St. Louis MEPS, St. Louis, MO. His DD Form 4 shows his HOR as Granite City, IL. His DD Form 1966 (Record of Military Processing Armed Forces of the United States) reflects the same address.
4. He was discharged on 6 April 2013.
5. Item 7b (Home of Record at Time of Entry) of the applicants DD Form
214 (Certificate of Release or Discharge from Active Duty) shows the entry "____ W 22ND ST GRANITE CITY, IL."
6. Orders 087-0001, dated 28 March 2013, issued by Installation Management Command-Pacific, U. S. Army Garrison Casey Transition Center, show his HOR as Granite City, IL.
7. All documents in the applicants service personnel records show his HOR as an address in Granite City, IL.
8. There is no evidence in the applicant's available military service records that show his HOR as Kenosha, WI.
9. Army Regulation 635-5, 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 and establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
Army Regulation 635-5 provides that the HOR is established at the time a Soldier enters onto active duty. The applicants personnel records show he lived in Illinois, and enlisted in the Regular Army in St. Louis, MO. His SF 86 has the only connection to Kenosha, WI. There is evidence and the applicant has not provided evidence that shows his HOR is incorrect. Clearly, Granite City, IL was his HOR as is properly entered in his personnel records and on his DD Form 214.
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) AR20130018877
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