IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20150003749
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 military records to show his home of record (HOR) as Germany instead of Cades, South Carolina.
2. The applicant states:
a. He enlisted in the Army under the guardianship of his grandparents in South Carolina, establishing his HOR as South Carolina. His parents and grandparents are deceased and he has no connection to South Carolina.
b. He is married to a German National and after he separates from active duty he will be assigned to a U.S. Army Reserve (USAR) unit in Germany. His entire family will return to Germany.
c. He needs his HOR changed to Germany so the government will pay to relocate his family there.
d. He has processed an HOR request through the U.S. Army Human Resources Command (HRC) and was informed that as there is no error in his HOR he must petition the Board for the change.
3. The applicant provides copies of
* email from HRC, Subject: Urgent Request for HOR Change
* his release from active duty (REFRAD) orders
* HOR Change Information Paper
* his request to Department of the Army Personnel Actions Branch to change HOR, dated 21 December 2014
* DD Form 1172-2 (Application for Identification Card/DEERS Enrollment)
* Consular Reports of Birth Abroad for his spouse and child
* German housing rental contract (in German)
* documents relating to his transfer to a USAR unit in Germany
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 21 August 2009. He was discharged and enlisted in the Regular Army 18 November 2009.
2. The applicant's record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) executed in conjunction with his enlistment that shows his HOR as Cades, South Carolina.
3. Orders 042-0128, issued by Headquarters, III Corps and Fort Hood, Fort Hood, Texas, dated 11 February 2015, announce his REFRAD effective 11 June 2015. These orders also show his HOR as Cades, South Carolina.
4. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) states for Regular Army Soldiers, enter the street, city, state, and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted 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 HOR be changed by the Soldier.
5. Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge. It states for item 7b, the entry is self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant designated his HOR as
Cades, South Carolina when he enlisted.
2. There is no available evidence showing he had a break in service.
3. The evidence he provided has been reviewed; however, there is no error or injustice shown.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100016576
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ABCMR Record of Proceedings (cont) AR20150003749
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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