IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011851 


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) as follows: 

* Item 7a (Place of Entry on Active Duty), from "Massillon, OH" to "Austin, TX"
* Item 7b (Home of Record (HOR)), from “XXX Pershing Avenue SE, North Canton, OH, 44720" to "XXXX Balcones Club Apartments, # XXX, Austin, TX, 78750"
* Item 8a (Last Duty Assignment and Major Command), from Joint Force Headquarters (-) Additional TDA GB to Joint Force Headquarters, TX
* Item 19a (Mailing Address After Separation), from "XXXX Lanae Lane, Manassas Park, VA 20111" to 'XXXXX Ella Blvd # XXXX, Houston, TX, 77014"

2.  The applicant states:

	a.  His retirement DD Form 214 should reflect TX as his HOR based on the fact that he entered active duty from TX after a 13-day break in service from a previous enlistment.  He later entered active duty from TX as a Reserve Officer Cadet, ordered to Reserve Officer Training Corps (ROTC) Summer Camp.  He finally entered active duty from TX as an officer, after being discharged from the Texas Army National Guard (TXARNG) in an enlisted status.  He was commissioned into the Individual Ready Reserve for 32 days (break in service), and appointed to the TXARNG – a new original appointment (applicable regulatory provisions are cited below).  
	b.  He originally enlisted in the OHARNG on 9 August 1980.  On 17 September 1985, the OHARNG released him, upon his notice that he was moving to TX for civilian employment.  On 1 October 1985, after a 13 day break in service, he took an oath to enlist in the TXARNG for a "Try one in the National Guard Program (prior service only)."  His HOR should have been changed to TX at this time.  With a report date of 9 May 1986, he was ordered to full time training duty and his orders properly show Austin, TX as his HOR.  In fall 1986, he enrolled in ROTC at The University of Texas and remained in the TXARNG in the Simultaneous Membership Program (SMP) where he continued to attend inactive duty training as a cadet with an enlisted pay grade of E-5.  With a report date of 29 May 1987, he was ordered to ROTC Summer (Advance) Camp.  His orders properly show Austin, TX as his HOR.  On 19 May 1988, he was separated from the TXARNG and was commissioned on the next day.  He had a break in service until 21 June 1988 when he was appointed to the TXARNG.  With a report date of 3 January 1989, he was ordered to Active Duty for Training (ADT).  His orders properly show Austin, TX as his HOR.  He was ordered to active duty other than for training on two occasions.  He was ordered to Active Duty Special Work (ADSW), attached to Texas Task Force (AGTX-CD), Title 32, from 23 April 1990 until 9 May 1999.  He was also ordered to active duty in the Active Guard Reserve (AGR), assigned to Joint Force Headquarters Texas (HQ STARC TXARNG), attached to National Guard Bureau (NGB), Title 10, from 10 May 1990 until retirement on 30 June 2011.  

	c.  His "Last Duty Assignment and Major Command," block 8a, was the last duty assignment on his NGB orders, Joint Force Headquarters TX.  His "Mailing Address after Separation," block 19a, was the address on his voter's registration card, "XXXXX Ella Blvd #1504, Houston, TX 77014."  In accordance with Army Regulation 635-8 (Separation Processing and Documents), paragraph 5-6g:

		(1)  Item 7a, the place of entry on active duty, the regulation states, "A Soldier’s initial enlistment contract or order to active duty is the source document for this data.  Regular Army enlisted Soldiers normally enter active duty at the military entrance processing station.  Officers enter active duty in accordance with their initial order to active duty.  Normally, this is a temporary duty location for attendance at the Basic Officer Leader Course (BOLC) or other temporary duty location (for example, in support of ROTC Summer Camp).  Soldiers who previously changed their status or component while serving on active duty, that installation where the change was made becomes the place entered active duty for this period of service.  For example, an enlisted Soldier is discharged at Fort Rucker, AL to continue on active duty as a warrant officer.  Upon completion of his warrant officer active duty, his DD Form 214 would list Fort Rucker, AL as his place of entry for this period of service.  ARNG and U.S. Army Reserve (USAR) Soldiers, the active duty order for this period of service will list where the Soldier enters active duty (for example, home address, home station, mobilization station, Army installation, and so forth).  Normally, this location is the first "Report to" lead line listed on the order.

		Item 7b, HOR.  A Soldier’s initial enlistment contract or appointment document is the source for this data…. For Reserve Component (RC) Soldiers, the active duty order lists the Soldier’s HOR.  HOR is the place recorded as the home of record 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 active service of at least 1 full day…. HOR is not necessarily the same as the legal domicile as defined for income tax purposes…."  In accordance with Army Regulation 635-8, paragraph 5-6g, "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 active service of at least 1 full day." 

	d.  He enlisted in the TXARNG after a 13 day break in active service.  Item 7a, a Soldier’s initial enlistment contract or order to active duty is the source document for this data.  Since he had a break in active service, his source documents were his "Try one in the National Guard Program enlistment contract" and his order to full time training duty.  "Officers enter active duty in accordance with their initial order to active duty.  Normally, this is a temporary duty location for attendance at the BOLC or other temporary duty location (for example, in support of Reserve Officers’ Training Corps (ROTC) Summer Camp or Gold Bar Recruiting duties)."  He entered active duty as an officer when he attended ROTC Summer Camp (report date of 29 May 1987) and when he attended Officer Basic Course (report date of 3 January 1989), both sets of orders properly showing TX as his HOR. 

3.  The applicant provides a binder consisting of Tab A through Tab E as follows: 

* Tab A: DD Forms 214
* Tab B: Records pertaining to entry into the TXARNG (enlisted)
* Tab C: Records pertaining to entry into the TXARNG (officer)
* Tab D: Voter Registration Cards
* Tab E: Title 10 active duty orders 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the OHARNG on 9 August 1980. His enlistment contract is not available for review with this case.  It is unclear what HOR he used at the time.

2.  He entered active duty for training (ADT) from North Canton, OH, on 31 October 1980.  He completed training and he was honorably released from ADT on 16 June 1981 to his OHARNG unit (2nd Squadron, 107th Armored Cavalry Regiment, Massillon, OH). 

3.  His DD Form 214 for this period (31 October 1980 to 16 June 1981) did not list his HOR (there was no requirement to do at the time) but listed his place of entry on active duty as North Canton, OH.  It also listed his mailing address after separation as "North Canton, OH  44720." 

4.  On 17 September 1985, he requested a conditional release from the OHARNG by reason of new employment.  The Conditional Release form listed his home address as "XXX Pershing, North Canton, OH 44707." 

5.  On 1 October 1985, the TXARNG notified The Adjutant General, OHARNG of acceptance of the applicant’s transfer into the 149th Aviation Battalion, Austin, TX.  His conditional release was approved for enlistment/appointment in the TXARNG.  He was not separated from the OHARNG and he was not issued an NGB Form 22.

6.  On 1 October 1985, he enlisted in the TXARNG for 1 year (Try One in the National Guard Program) on that date. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Contract) listed his HOR as "XXXX Balcones Club, Apartment # XXX, Austin, TX  78750." 

7.  On 18 April 1986, he was ordered to full time training duty (FTTD) for a specified number of days.  His FTTD order listed a similar HOR as shown on his enlistment contract, "XXXX Balcones Club, Apartment # XXX, Austin, TX  78750." 

8.  Meanwhile, he was enrolled in the ROTC program at the University of Texas, Austin, under the Simultaneous Membership Program.  He continued to attend inactive training as a cadet in the ARNG. 

9.  On 23 September 1987, he submitted a DA Form 61 (Application for Appointment) wherein he requested appointment as an Army Reserve commissioned officer.  He listed his place of birth as "Lyndhurst, OH" and his permanent address as "XXXX Balcones Club, Apartment # XXX, Austin, TX  78750."  

10.  On 31 March 1987, TXARNG issued him orders authorizing him travel from his address (XXXX Balcones Club, Apartment # XXX, Austin, TX  78750) to Fort Riley, KS, to attend Fort Riley ROTC Advanced Camp. 
11.  On 18 April 1988, the USAR Personnel Center, St. Louis, MO published Orders C-04-017070 releasing him from the USAR Control Group (Officer Active Duty Obligor) effective 20 June 1988 for the purpose of appointment in the TXARNG.

12.  On 19 May 1988, TXARNG published Orders 95-7 honorably discharging him from the ARNG and assigned to the USAR Control Group (Officer Active Duty Obligor), effective 19 May 1988.

13.  On 20 May 1988, he was released from Third Region Accession Detachment, Fort Riley, KS, and assigned to the USAR Control Group (Officer Active Duty Obligor) pending a transfer to the ARNG.  He was issued an NGB Form 22 (Report of Separation and Record of Service) that captured his ARNG service, from 1 October 1985 to 19 May 1988.  His mailing address after separation is listed as "XX Pershing SE, North Canton, OH  44620." 

14.  On 20 May 1988, U.S. Army ROTC Cadet Command issued him an appointment as a Reserve commissioned officer of the Army.  On 28 May 1988, he executed an oath of office as a Reserve commissioned officer, at the University of Texas, Austin.  

15.  On 27 June 1988, TXARNG published Orders 121-1 appointing him in the TXARNG, effective 21 June 1988.  The orders listed his HOR as "XXXX Barton Skyway, #277, Austin, TX  78746." 

16.  On 5 October 1988, he was ordered to ADT for a specified number of days.  His ADT orders listed his HOR as "XXXX 1st Street, # XXX, Austin, TX 78704."  He entered ADT on 1 January 1989 from Austin, TX.  He completed the Quartermaster BOBC and he was honorably released from ADT to the control of his TXARNG unit on 4 May 1989.  His DD Form 214 did not list his HOR but listed his place of entry on active duty as Austin, TX. 

17.  On 24 April 1990, TXARNG issued Orders 084-017 ordering him to active duty for special work (ADSW) from 17 June to 30 September 1990.  The orders listed his HOR as "XXXX Balcones Club, Apartment # XXX, Austin, TX 78750."

18.  On 4 October 1993, TXARNG published Orders 194-193 ordering him to ADSW, Title 32, U.S. Code (USC), from 1 October 1993 to 30 September 1994.  He was ordered to report from 49th Armored Division, Austin, TX to the unit armory with further attachment to TX Joint Task Force One.  The orders listed his HOR as "XXXX Seaspray Court, #XXXX, Houston, TX 77008" and place entered active duty as "Austin, TX."

19.  On 1 October 1997, TXARNG published Orders 274-237 ordering him to ADSW, Title 32, USC, from 1 October 1997 to 30 September 1998.  He was ordered to report from 49th Armored Division, Austin, TX to the unit armory with further attachment to TX Joint Task Force One.  The orders listed his HOR as "XXXX Seaspray Court, #XXXX, Houston, TX 77008" and place entered active duty as "Austin, TX

20.  On 23 September 1998, TXARNG published Orders 266-191 ordering him to ADSW, Title 32, USC, from 1 October 1998 to 30 September 1999.  He was ordered to report from 49th Armored Division, Austin, TX to the unit armory with further attachment to TX Joint Task Force One.  The orders listed his HOR as "XXXX TC Jester, #XXXX, Houston, TX 77008" and place entered active duty as "Austin, TX

21.  He was honorably released from active duty service on 9 May 1999.  His DD Form 214 for this period of service (23 April 1990 to 9 May 1999) shows in:

* Item 7a, Austin, TX
* Item 7b, XXX Perishing Avenue, Canton, OH  44720
* Item 19a, XXX Pershing Avenue, Canton, OH  44720

22.  Prior to his release from active duty, on 9 April 1999, NGB published Orders 099-012 ordering him to active duty in AGR status, under Title 10, USC, section 12301, from Austin, TX, effective 10 May 1999.  He was ordered to report to the U.S. Army National Guard Readiness Center, Arlington, VA.  The orders listed his HOR as "Houston, TX" and place entered active duty as "Austin, TX." 

23.  On 5 August 2003, TXARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 

24.  On 5 September 2003, NGB published Orders 248-11 ordering him to active duty in AGR status, under Title 10, USC, section 12301, with attachment to the U.S. Army National Guard Readiness Center, Arlington, VA, effective 4 August 2003.  

25.  On 20 September 2004, NGB published Orders 264-6 ordering him to active duty in AGR status, under Title 10, USC, section 12301, with attachment to the U.S. Army National Guard Readiness Center, Arlington, VA, and with duty at the Office of the Inspector General, NGB, Arlington, VA, effective 1 October 2004.  



26.  On 17 June 2005, NGB published Orders 168-4 ordering him to active duty in AGR status, under Title 10, USC, section 12301, with attachment to the U.S. Army National Guard Readiness Center, Arlington, VA, and with duty at the Office of the Inspector General, NGB, Arlington, VA, effective 20 June 2005.  

27.  On 29 August 2006, NGB published Orders 241-7 ordering him to active duty in AGR status, under Title 10, USC, section 12301, with assignment to the U.S. Army Inspector General Agency, Pentagon, VA, effective 1 August 2006.  

28.  On 30 July 2010, NGB published Orders 211-5, releasing him from attachment to the U.S. Army Inspector General Agency, Pentagon, and attaching him to the Transition Point, Fort Belvoir, VA for separation processing.  The orders listed his place of entry on active duty as "Massillon, OH" and HOR as "Houston, TX." 

29.  On 2 August 2011, NGB published Orders 214-1014 ordering his separation from the ARNG and transferring him to the Retired Reserve effective 30 June 2011.  His unit of assignment is shown as "Joint Forces Headquarters (-) Additional TDA."  Additionally, the orders listed his HOR as "XXXX Lanae lane, Manassas, VA  20111." 

30.  He was honorably retired on 30 June 2011 by reason of sufficient service for retirement.  His DD Form 214 for this period of service (10 May 1999 to 30 June 2011) shows in:

* Item 7a, Massillon, OH
* Item 7b, XXX Perishing Avenue, North Canton, OH  44720
* Item 8a, Joint Forces Headquarters, Additional TDA, GB
* Item 19a, XXXX Lanae Lane, Manassas Park, VA 20111Pershing Avenue, Canton, OH  44720

33.  Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies governing the official military personnel file. Table 5-2 of this regulation states that the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty.

34.  Army Regulation 635-5 (Separation Documents), in effect, at the time of his retirement, 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.  

	a.  Item 7 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.  

	b.  Item 8b, shows the last unit of assignment, major command with the corresponding two character assignment code per paragraph 2-4 of Army Regulation 680-29, (Military Personnel, Organization, and Type of Transaction Codes).

	c.  Item 19 shows the mailing address after separation and nearest relative, provided by the Soldier; in item 19b this address must be a permanent address.  

35.  The JFTR provides, in pertinent 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.

36.  According to the U.S. Army Force Management Support Agency, Unit Identification Code (UIC) W8BBAA is assigned to the Joint Force Headquarters.  The first 4 digits of this UIC are the same for all subordinate elements but the last two digits (AA) change depending on the name of the subordinate element.  The applicant was assigned to UIC W8BB18 which designates “additional TDA.”  Additionally, paragraph 2-4 (Command Assignment Code) of Army Regulation 680-29 assigns Code GB to the NGB. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the ARNG, in an enlisted and in an officer status, from August 1980 to June 2011, with multiple periods of active duty.  He orders throughout his military service listed/used multiple HORs, including Canton, OH; Houston, TX; Austin, TX; and Manassas, VA. 

2.  With respect to the HOR, 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.  

	a.  A Soldier's HOR is the place from which they entered the military.  It is not necessarily "where they are from."  For example, If a Soldier is from WV, but went to college in PA and entered the military in PA, then PA is the Soldier's HOR.  HOR does not change unless the information was entered incorrectly, the Soldier left the Army and then rejoins, the Soldier has a break in military service, when a new enlistment contract is signed, or if this status was erroneously or fraudulently recorded initially. 

	b.  A state of legal residence, or domicile, or legal domicile, on the other hand is the place where the Soldier thinks of as home, the state where he or she possibly intends to live after they leave the Army.  The state of legal residence may change throughout a Soldier's life.  Making a state as legal residence includes obtaining a driver’s license, registering a vehicle, registering to vote, paying state taxes, and/or listing a specific state on a Leave or Earnings Statement for tax purposes.  

	c.  The applicant's 1980 enlistment in the OHARNG is not available for review with this case.  It is unknown what HOR he listed at the time of his enlistment.  However, given he enlisted in the OHARNG, entered ADT in OH, and was honorably released to the OHARNG, it is reasonable to presume his HOR was in OH. 

	d.  He was not separated from the OHARNG on 17 September 1985 as he contends; he requested a conditional release from the OHARNG on that date.  It was approved on 1 October 1985.  He did not have a break in service as there is no separation order or an NGB Form 22 from date of enlistment (9 August 1980) to 17 September 1985 (date he contends his break in service began).  He enlisted in the TXARNG on 1 October 1985.  When he did so, he had transferred from the OHARNG.  Although his new station or location was with the TXARNG in Austin, TX, this did not change his HOR to TX.  

	e.  He was honorably separated from his enlisted status in the TXARNG on 19 May 1985 and on the very next day, he was appointed as a Reserve commissioned officer of the TXARNG.  Again, although he executed an oath of office at the University of Texas, Austin, there is no break in service and his HOR remained Canton, OH. 


	f.  He entered active duty on 23 April 1990, from Austin, TX.  He was honorably released from active duty on 9 May 1999.  His DD Form 214 for this period of service correctly listed his place of entry as "Austin, TX" and his HOR as "Canton, OH." 

	g.  He again reentered active duty on 10 May 1999 (no break in service).  He did so, from Austin, TX, not from Massillon, OH.  He was honorably retired on 30 June 2011.  His DD Form 214 for this period of service incorrectly listed his place of entry as "Massillon, OH" and correctly listed his HOR as "Canton, OH."  Item 7a of this DD Form 214 should be corrected to show "Austin, TX" instead of "Massillon, OH." 

3.  His last unit of assignment was with the Joint Force Headquarters, Additional TDA, with a Command Code of "GB."  He was assigned to UIC W8BB18 which designates “additional TDA.”  Additionally, according to Army Regulation 680-29, GB is the command code for the NGB.  Both, his unit and command code, are correctly listed in item 8a of his DD Form 214.  There is evidence he is being disadvantaged or harmed by this entry.  No correction is required. 

4.  The entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.  The applicant appears to have provided the permanent mailing address that is shown on his DD Form 214. He also digitally authenticated the DD Form 214 by placing his signature in the proper block.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's mailing address and the address of the nearest relative listed on his DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing either.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ___ _____  ___ _____  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 7a of his DD Form 214, ending on 30 June 2011 the entry “Massillon, Ohio” and adding the entry “Austin, Texas.” 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his home of record, last duty assignment and major command, and mailing address after separation. 



      _______ _   _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)                                         AR20140011851



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ABCMR Record of Proceedings (cont)                                         AR20140011851



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