BOARD DATE:  10 February 2015

		DOCKET NUMBER:  AR20140011893


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing Item 7b (Home of Record (HOR) at Time of Entry) to show her Selma, Alabama address.

2.  The applicant states her address prior to enlisting in the Army was in Selma, Alabama.  She enlisted at the Montgomery, Alabama Military Entrance Processing Station.  She contends that the HOR on her DD Form 214 is preventing her from receiving state veteran benefits which includes college assistance for her two sons.

3.  The applicant provides copies of:

* Her state of Alabama Certificate of Live Birth, issued 26 May 2011
* Her Selma High School Diploma, dated 9 June 1988
* An affidavit from the applicant's sister, dated 6 June 2014
* An affidavit from the applicant's mother, dated 18 June 2014
* Her mother's Alabama driver license, issued 29 June 2011

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4/1 (Enlistment/Reenlistment Document) dated 11 July 1990, indicates the applicant enlisted in the U.S. Army Reserve (USAR) for 
8 years.  Her HOR on this document is listed as Winter Springs, Florida.  This document also shows that she contracted to enter the Regular Army (RA) on 
29 August 1990 for a period of 2 years and 17 weeks.
2.  A DD Form 4/1, dated 10 April 1992, indicates the applicant reenlisted for another 3 years.  Her HOR is recorded on this document as Winter Springs, Florida.

3.  A DD Form 4/1, dated 10 November 1994, indicates the applicant reenlisted for another 2 years.  Her HOR is recorded on this document as Winter Springs, Florida.

4.  A DD Form 4/1, dated 11 June 1996, indicates the applicant reenlisted for another 3 years.  Her HOR is recorded on this document as Winter Springs, Florida.

5.  A DD Form 4/1, dated 28 August 1998, indicates the applicant reenlisted for another 3 years.  Her HOR is recorded on this document as Winter Springs, Florida.

6.  A DD Form 4/1, dated 3 December 1999, indicates the applicant reenlisted for another 4 years.  Her HOR is recorded on this document as Winter Springs, Florida.

7.  A DD Form 4/1, dated 1 May 2003, indicates the applicant reenlisted for an indefinite period of service.  Her HOR is recorded on this document as Winter Springs, Florida.

8.  On 31 August 2012, the applicant was retired due to sufficient service.  Her DD Form 214 shows her HOR as Winter Springs, Florida.

9.  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.

10.  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.

11.  The JFTR 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her DD Form 214 should be corrected for the period ending 31 August 2012 to change her HOR to the state of Alabama.  She argues that her address prior to enlisting in the Army was in Selma, Alabama.

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 1990 she listed her HOR as Winter Springs, Florida.  Furthermore, she maintained this same HOR for her entire period of active duty service.  As such, her DD Form 214 correctly shows this city/state in item 7b as her 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)                                         AR20140011893



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