IN THE CASE OF:	   

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140006023 


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 30 November 2007 to change Item 7b (Home of Record (HOR) at Time of Entry) from the state of Illinois to Texas.

2.  The applicant states he spent the largest part of his career, 7 out of 20 years, in Texas (Ft. Hood and Ft. Sam Houston) and retired out of Ft. Sam Houston, Texas.  Upon retiring he maintained his residency status in Texas and has lived in Texas ever since.  Additionally, on 24 March 1999, he re-enlisted for an indefinite period while stationed at Ft. Hood, thus fulfilling the requirement necessary to change his home of record.  He fully intends to spend the rest of his life as a full time resident in Texas and considers this to be his home of record.  Consideration of this matter will be greatly appreciated.

3.  The applicant provides copies of:

* DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 24 March 1999, with enclosures (5 pages)
* A DD Form 214 ending on 30 November 2007 (Member Copy 4)

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4/1 (Enlistment/Reenlistment Document) dated 12 January 1987, indicates the applicant enlisted in the U.S. Army Reserve (USAR) for 
8 years.  His HOR on this document is listed as Joliet, Illinois.  This document also shows that he contracted to enter the Regular Army (RA) on 5 March 1987 for a period of not less than 3 years.

2.  A DD Form 4/1, dated 31 January 1990, indicates the applicant reenlisted for another 5 years.  His HOR is recorded on this document as Joliet, Illinois.

3.  A DD Form 4/1, dated 2 June 1994, indicates the applicant reenlisted for another 3 years.  His HOR is recorded on this document as Joliet, Illinois.

4.  A DD Form 4/1, dated 27 November 1996, indicates the applicant reenlisted for another 6 years.  His HOR is recorded on this document as Joliet, Illinois.

5.  A DD Form 4/1, dated 24 March 1999, indicates the applicant reenlisted for an indefinite period of service.  His HOR is recorded on this document as Joliet, Illinois.

6.  On 30 November 2007, the applicant was retired due to sufficient service.  His DD Form 214 shows his HOR as Joliet, Illinois.

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 home of record be changed by the member.

8.  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 Soldier’s 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 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 contends, in effect, that his DD Form 214 should be corrected for the period ending 30 November 2007 to change his HOR to the state of Texas.  He argues that his last reenlistment for an indefinite period fulfilled the requirement necessary to change his HOR.

2.  By regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, appointment, or entry on active duty.  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.

3.  In this case, the evidence of record shows upon the applicant's initial enlistment in the USAR and RA in 1987 he listed his HOR as Joliet, Illinois.  Furthermore, he maintained this same HOR for his entire period of active duty service.  As such, his DD Form 214 correctly shows this city/state in item 7b as his HOR.

4.  There is no evidence of error or injustice in this case.

5.  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)                                         AR20140006023





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ABCMR Record of Proceedings (cont)                                         AR20140006023



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