IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140016034 


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 his home of record (HOR) be changed from his address in Aiken, SC to Wisconsin Rapids, WI on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 November 2011.

2.  The applicant states he made a mistake when he was reviewing his DD Form 214 during his demobilization at Fort Bliss, TX.

3.  The applicant provides his DD Form 214 for the period ending 18 November 2011.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the U.S. Navy Reserve on 12 July 1988 and his DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as Wisconsin Rapids, WI.  He enlisted in the U.S. Navy on 20 July 1988 and he was discharged on 28 March 1996.  The DD Form 214 issued for this period shows his HOR as Wisconsin Rapids, WI.

2.  After a break in service, he enlisted in the Army National Guard (ARNG) on 28 May 1998.  His DD Form 4 shows his HOR as Aiken, SC.  He was discharged on 15 November 2000 for enlistment in any component of the Armed Forces.


3.  Orders 033-523, dated 2 February 2001, discharging him from the ARNG show his HOR as Appleton, WI.

4.  On 16 November 2000, he enlisted in the Regular Army (RA) for a period of three years.  His DD Form 4 shows his HOR as Appleton, WI.

5.  He reenlisted in the RA on 30 January 2003 for a period of four years.  His DD Form 4 shows his HOR as Appleton, WI.  On 3 March 2006, he was discharged by reason of hardship.  His DD Form 214 for the period ending 3 March 2006 shows his HOR as Appleton, WI.

6.  After a break in service, he enlisted in the ARNG on 19 March 2007.  His DD Form 4 shows his HOR as Aiken, SC.  He later extended his period of enlistment for six years and his new expiration of term of service was determined as 18 March 2014.

7.  On 17 October 2010, he was ordered to active duty in support of Operation New Dawn and he was honorably released from active duty (REFRAD) on 18 November 2011.  On the next day, he was transferred back to his ARNG unit.

8.  His DD Form 214 for the period ending 18 November 2011 shows his HOR as Aiken, SC.

9.  He continued to serve in the ARNG until he was discharged from the ARNG on 18 March 2014 and he was assigned to the Retired Reserve on the following day.  Orders 100-845, dated 10 April 2014, discharging him from the ARNG and assigning him to the Retired Reserve show his HOR as Aiken, SC.

10.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation directs the following:

	a.  Enter the street, city, state, and zip code listed as a Soldier's HOR in item 7b.

	b.  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.

	c.  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 1 full day.

	d.  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.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the HOR is the place recorded as the home of the individual at the time of enlistment, or induction, 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.

2.  The evidence of record shows upon the applicant's initial enlistment in the U.S. Navy Reserve on 28 May 1998 he listed "Wisconsin Rapids, WI" as his HOR.

3.  After a break in service, he served in the ARNG from 28 May 1998 to 15 November 2000.  At the time of his enlistment, he listed "Aiken, SC" as his HOR.

4.  The evidence of record shows he served in the RA from 16 November 2000 to 3 March 2006.  At the time of his enlistment, he listed "Appleton, WI" as his HOR.

5.  After another break in service, he enlisted in the ARNG on 19 March 2007.  At this time, he listed "Aiken, SC" as his HOR.  He was ordered to active duty from 17 October 2010 to 18 November 2011.  Accordingly, when his DD Form 214 was prepared upon his REFRAD on 18 November 2011, "Aiken, SC" was rightfully listed as his HOR.

6.  By regulation, 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 1 full day.

7.  Since the applicant had a break in service for more than 1 full day, his HOR does not remain the same as recorded during his initial enlistment as Wisconsin Rapids, WI.  Therefore, there is no basis for granting the applicant's request.



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)                                         AR20140016034





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ABCMR Record of Proceedings (cont)                                         AR20140016034



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