BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019622
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) for the period ending 18 September 2012 to change Item 7b (Home of Record (HOR) at Time of Entry) from Lancaster, California to Killeen, Texas.
2. The applicant states he wants this change in order to receive certain education benefits for veterans; however, his HOR must have been in Texas to do so. He has lived in Texas since 2006. He pays property taxes for his house and cars. He is a Texas registered voter. He served at Fort Hood, Texas and Fort Bliss, Texas from 2006 to 2012. When he retired he became a member of the Texas Veteran Commission. The Department of Veterans Affairs (VA) has rated him at 100 percent physically disabled.
3. The applicant provides copies of:
* Consultation Notes, William Beaumont Army Medical Center, dated 29 August 2012
* A DD Form 214 ending on 18 September 2012 (Member Copy 4)
* A Voter Registration Certificate issued 12 October 2012
* A letter from the Texas Workforce Commission to the applicant, dated 28 December 2012
* A letter from the VA to the applicant, dated 22 October 2013
CONSIDERATION OF EVIDENCE:
1. A DD Form 4/1 (Enlistment/Reenlistment Document) dated 13 October 2005, indicates the applicant enlisted in the Regular Army for 4 years. His HOR on this document is listed as Lancaster, California.
2. A DD Form 4/1, dated 16 May 2008, indicates the applicant reenlisted for another 2 years. His HOR is recorded on this document as Lancaster, California.
3. A DD Form 4/1, dated 6 November 2008, indicates the applicant reenlisted for another 5 years. His HOR is recorded on this document as Lancaster, California.
4. On 18 September 2012, the applicant was retired due to temporary physical disability. His DD Form 214 shows his HOR as Lancaster, California.
5. 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 home of record be changed by the member.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established 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 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Item 7b shows the street, city, state and ZIP code listed as the Soldiers HOR. 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 purposes. Legal domicile may change during a Soldiers career.
7. 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. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made.
2. In this case, the evidence of record shows upon his initial enlistment in the RA in 2005, the applicant listed his HOR as Lancaster, California. Furthermore, he maintained this same HOR for his entire period of active duty service. As such, his enlisted DD Form 214 correctly listed this city/state in item 7b as his HOR.
3. In view of the above, the applicant's request should be denied.
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) AR20130019622
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