BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20130021785
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 February 2014 to show his home of record (HOR) as Holbrook, Massachusetts instead of Cardiff, California.
2. He states his initial contract and his reenlistment contract shows his HOR and mailing address were in Massachusetts.
3. He provides his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 26 October 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the U.S. Navy Reserve on 22 September 1989. He was ordered to active duty on 24 October 1989 and was released from active duty (REFRAD) on 1 August 1992. His DD Form 214 issued for this period shows his HOR as Bethlehem, PA. On the following date, he was transferred to the Naval Reserve Personnel Center to complete his Reserve service obligation.
2. He enlisted in the U.S. Army Reserve (USAR) on 20 May 2004 in pay grade E-4 for a term of three years. His enlistment contract shows his HOR as Bethlehem, PA. He was discharged from the USAR on 13 June 2007. His service record is void of evidence which shows he had a military status after he was discharged on 13 June 2007.
3. He enlisted in the Regular Army (RA) on 30 April 2008. His enlistment contract shows his HOR as Cardiff, CA.
4. His personnel records in the Interactive Personnel Electronic Records Management System (iPERMS) contain a DD Form 4 which shows he enlisted in the USAR on 26 October 2013 in pay grade E-4 for a term of three years. His HOR is listed as Holbrook, MA.
5. He was honorably discharged from the RA on 16 February 2014. His mailing address at the time of his discharge is listed as Holbrook, MA.
6. His DD Form 214 for the period ending 16 February 2014 shows in item 7a (Place of Entry Into Active Duty) that he entered into active duty in San Diego, CA, and in item 7b (HOR at Time of Entry (city and state or complete address, if known)) that his HOR at the time of his entry on active duty was Cardiff, CA.
7. Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation directs the following:
a. Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b.
b. The HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.
c. 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 1 full day.
d. The 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. By regulation, the HOR is the place recorded as the home of the individual at the time of enlistment, or induction, 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 on 30 April 2008 he listed "Cardiff, CA" as his HOR. Accordingly, when his DD Form 214 was prepared upon discharge on 16 February 2014, "Cardiff, CA" was rightfully listed as his HOR.
3. His HOR appears not to be in error on the applicant's DD Form 214 for the period ending 16 February 2014. It listed the proper HOR as indicated by the applicant upon his initial enlistment in the RA on 30 April 2008.
4. On 26 October 2013, when he enlisted in the USAR, he listed his HOR as "Holbrook, MA." That appears to have been an error as the HOR cannot be changed unless there is a break in service.
5. Based on the foregoing, there is no basis for granting the applicant's request.
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.
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