BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140007148
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 reconsideration of her earlier petition to the Board requesting her home of record (HOR) be changed to Killeen, Texas (TX).
2. The applicant states:
* she was a dependent when she enlisted, but it should not count against her since children move around the world due to their parent's obligations
* she only spent 2 years in California (CA)
* the address the recruiter used as her HOR was on a military installation and not where her family called home
* her parents owned a house in Texas that they rented out when they were stationed elsewhere
* her father's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his HOR, entry into, and exit from the Army as Texas
* they still own property in Texas and her sister is buried there since this is where they always returned to after moving around
* she chose to return to Texas after her tour in Korea so she could be close to the family
* she cannot apply for the Texas Hazelwood Act for school because her DD Form 214 states California, which is a mistake on the recruiter's part
3. The applicant provides a:
* DD Form 214
* Tax Receipt
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011913, on 1 April 2014.
2. The applicant provides new argument and evidence which were not previously reviewed by the ABCMR. Therefore, they are considered new evidence and as such warrant consideration by the Board.
3. The applicant's Official Military Personnel File contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows she enlisted in the Regular Army (RA) on 1 June 2006 at the age of
20 years and 10 months. Her DD Form 4 shows in:
* item 3 (HOR), the entry Fort Irwin, CA
* item 4 (Place of Enlistment/Reenlistment), the entry San Diego MEPS (Military Entrance Processing Station), San Diego, CA
4. Her record contains a DA Form 1966/1 (Record of Military Processing Armed Forces of the United States) that shows in:
* item 3 (Current Address), the entry "Fort Irwin, San Bernardino, CA"
* item 4 (HOR), the entry "Fort Irwin, San Bernardino, CA"
* item 15 (Place of Birth), the entry "Fort Knox, KY"
5. On 27 November 2008, she was retired and placed on the temporary disability retired list after serving on active duty continuously for a total of 2 years,
5 months, and 27 days. Her DD Form 214 shows in:
* item 7a (Place of Entry into Active Duty), the entry San Diego, CA
* item 7b (Home of Record), the entry Fort Irwin, CA
6. There is no evidence in her record nor did she submit any evidence that shows she changed her HOR, entered active duty in or lived in "Killeen, TX" at the time she enlisted.
7. She submitted the following new evidence:
a. a DD Form 214 for R---y L. D----s (her father), which shows in item 7a, he entered the military from Aberdeen Proving Ground, Maryland, and his HOR in item 7b as Denison, TX. This form shows he retired on 31 October 2004, more than 2 years prior to the applicant's enlistment.
b. a Tax Receipt, dated 10 April 2014, which shows that on 28 December 2006 property taxes were paid by someone other than the applicant for property in Copperas Cove, TX.
8. Army Regulation 635-5 (Separation Documents) at the time provided detailed instructions for completing separation documents, including the DD Form 214. It provides guidance for the place of entry and HOR at the time of entry on active duty and states the source document for this information is the appointment document or the order to active duty that records the HOR. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows her HOR was listed as Fort Irwin, CA, throughout her military service. There is no evidence and she did not submit any evidence that shows her HOR was changed to Fort Hood, Killeen, TX, during her military service. Her father retired 2 years before the applicant enlisted, so it appears she did not move back to Texas when her father retired. Accordingly, her HOR is correctly documented throughout her military record and there is no basis upon which to grant the requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130011913, dated 1 April 2014.
___________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) AR20140007148
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ABCMR Record of Proceedings (cont) AR20140007148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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