IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140007997
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, the mother of a deceased former service member (FSM), requests correction of her son's records to show his Home of Record (HOR) as Dana Point, CA vice Bend, OR.
2. The applicant states that while the FSM lived in Bend, OR for about a year prior to enlisting in the Army, she feels his true HOR is Dana Point, CA. He was raised in Dana Point, CA and attended High School in Dana Point, CA. She feels he most likely listed his HOR as Bend, OR in haste.
3. The applicant provides a DD Form 1300 (Report of Casualty), dated 6 May 2013.
CONSIDERATION OF EVIDENCE:
1. The FSM completed a DD Form 1966 (Record of Military Processing-Armed Forces of the United States) on 23 August 2010 and listed his current address and HOR as Bend, OR.
2. He enlisted in the Regular Army on 23 August 2010. His DD Form 4 (Enlistment/Reenlistment Contract Armed Forces of the United States) shows his HOR as Bend, OR.
3. His record contains a DD Form 93 (Record of Emergency Data) and an SGLV 8285 (Servicemembers Group Life Insurance Election and Certificate), dated
16 November 2012. These forms show both his parents lived at the same address in San Clemente, CA and all three of his brothers lived at the same address in Bend, OR.
4. He reenlisted on 24 April 2013. His DD Form 4 shows his HOR as Bend, OR.
5. His record contains a casualty report showing his was killed in action in Afghanistan, on 4 May 2013. The casualty report shows his HOR as Bend, OR.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides the policies and procedures for the preparation of enlistment
contracts. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. A temporary address will not be entered.
7. The Joint Federal Travel Regulation provides 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. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record indicates the FSM was living with his brothers in Bend, OR at the time of his enlistment in the Regular Army. As such, he listed this location as his HOR.
2. The applicant's desire to change her son's HOR to show Dana Point, CA is understandable, especially considering the fact that he grew up and attended High School in Dana Point. However, she has not provided sufficient evidence to show his HOR was entered incorrectly on his enlistment contract.
3. Regrettably, there is insufficient evidence 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 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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