IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140012646
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 the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 April 2013:
* Item 7a (Place of Entry into Active Duty)
* Item 7b (Home of Record (HOR) at Time of Entry)
2. The applicant states he reenlisted in the Army in Dallas, TX. His HOR at the time of his reenlistment was XXXX W. Adams Avenue, Temple, TX.
3. The applicant provides copies of his DA Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) and 2013 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on 9 January 1985. His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) is not available for this enlistment. He was honorably released from the PRARNG on 10 February 1988. He was credited with completing 3 years, 1 month, and 2 days of service.
2. He enlisted in the Regular Army (RA) on 11 February 1988 for 4 years. His DD Form 4/1 lists in:
* Item 3 (HOR) - Las Piedras, PR
* Item 4 (Place of Enlistment/Reenlistment) San Juan Military Entrance Processing Stations (MEPS) PR
3. He reenlisted in the RA on 18 October 1991, 23 February 1994, 10 January 1997, and 28 February 2000. His DD Forms 4/1 list his HOR as Las Peidras, PR.
4. His two DD Forms 214 for the periods ending on 11 February 1988 and 31 March 2003 list in:
* Item 7a - Las Piedras, PR
* Item 7b - Las Piedras, PR
5. He again reenlisted in the RA on 3 March 2009. His DD Form 4/1 lists in:
* Item 3 (HOR) - Temple, TX
* Item 4 (Place of Enlistment/Reenlistment) Dallas MEPS
6. He extended his reenlistment on 20 December 2012 for the purpose of retirement. His DA Form 1695 (Oath of Extension of Enlistment) shows he was assigned to Fort Drum, NY at the time.
7. He was retired on 30 April 2014. He was credited with completing over 23 years of total active service. His DD Form 214 lists in:
* Item 7a - Las Piedras, PR
* Item 7b - PO Box XXX, Las Piedras, PR
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated:
a. A Soldiers initial enlistment contract or any correction approved by the U.S. Army Human Resources Command (HRC) was the source for the data listed in items 7a and 7b. Item 7a would list the city and state where the soldier entered active duty. Item 7b would list the HOR.
b. The HOR was the place recorded as the HOR of the Soldier when he/she enlisted. That could not be changed unless there was a break in active service of at least 1 full day (emphasis added), or it was determined by HRC to be factually incorrect. The HOR was not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile could change during a Soldiers career.
9. Table 11-1 of Army Regulation 601-280 (Total Army Reenlistment Program), states the HOR is 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 HOR 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 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member.
DISCUSSION AND CONCLUSIONS:
1. The applicant initially enlisted in the RA on 11 February 1988, with prior enlisted PRARNG service. His HOR was designated as Las Piedras, PR. He served continuously on active duty through several reenlistments (1991, 1994, 1997, 2000, and 2009) without a full-day break in service.
2. On 20 December 2012, he extended his 2009 reenlistment for the purpose of retirement. He retired on 30 April 2013 and was issued a DD Form 214 listing his place of entry into active duty and HOR as Las Pierdras, PR. Because his HOR had been designated as Las Pierdras, PR, at the time of his initial entry in the RA, this entry in item 7b of his 2013 DD Form 214 is correct.
3. There is no evidence of record and he did not provide sufficient evidence to show item 7b of his DD Form 214 contains an error. By regulation a correction of the HOR will not be made unless there was a break in service of at least 1 full day or a bona fide error was made at the time of entry into the relevant period of service. Therefore, he is not entitled to 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.
ABCMR Record of Proceedings (cont) AR20140012646
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