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ARMY | BCMR | CY2015 | 20150006466
Original file (20150006466.txt) Auto-classification: Approved
  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20150006466 


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 records to show his home of record (HOR) as "Fullerton, CA" vice "Suwon, Korea Republic."

2.  The applicant states, in effect, he was visiting his wife's parents in Korea at the time he decided to enlist.  He enlisted while he was in Korea and the address of his in-laws was incorrectly used on his enlistment paperwork instead of his Fullerton, CA address.

3.  The applicant provides copies of:

* a self-authored statement, dated 16 March 2015
* his license and certificate of marriage
* 3 State of California Driver Licenses, dated 14 August 2000, 17 April 2004 and 12 December 2009
* 3 Internal Revenue Service (IRS) Forms 1040 (U.S. Individual Income Tax Return), for tax years 2007-2009 
* documents from the U.S. Citizenship and Immigration Services, dated 
25 July 2008, 19 October 2010, and 26 October 2010
* A Visa

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 August 2011.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his HOR as "Suwon, Korea Republic."  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows his current address as "Los Angeles, CA" and his HOR as "Suwon, Korea Republic." 

2.  He extended his enlistment in the Regular Army on 3 April 2013.  His expiration term of service (ETS) date is currently listed in his military records as 19 July 2015.  

3.  The applicant provided three State of California Driver Licenses, dated         14 August 2000, 17 April 2004, and 29 December 2009, and a copy of his marriage license, which shows he and his wife were married on 7 September 2007, and three IRS Forms 1040, dated 2007, 2008, and 2009.  All seven documents show he resided in Fullerton, CA.  

4.  He provided documents from U.S. Citizenship and Immigration Services, dated 25 July 2008, 19 October 2010, and 26 October 2010.  All three documents show he resided in Fullerton, CA.  

5.  He provided a self-authored statement, wherein he indicated that his address was inadvertently entered as Korea on his enlistment paperwork.  He stated he enlisted in Korea while he was visiting his wife's family; however, his permanent address was and has been Fullerton, CA, since early 2000.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), Figure 6-1, contains a sample DD Form 1966 (Record of Military Processing – Armed Forces of the United States) and instructions for completing the form.  The instructions provide that for item 4 (HOR Address), the preparer should enter street, county, state, and zip code.  Do not enter a temporary address.  The address must be in the continental United States (CONUS) or a U.S. Territory.  

7.  The Joint Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  Joint Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individual's entry on active duty.  It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 601-201 states the HOR address cannot be a temporary address and must be in CONUS or a U.S. Territory.  The HOR address listed on his DD Form 4 was a temporary address that was not located within CONUS or a U.S. Territory; therefore, it is considered an invalid address for use on the DD Form 4.

2.  He has presented sufficient evidence to show his correct HOR is Fullerton, CA, as reflected on his driver's license and tax paperwork; therefore, he is entitled to have his military records corrected to show this address.

BOARD VOTE:

___x_____  __x______  _x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned, including his        DD Form 4, be corrected by showing his HOR as Fullerton, CA.



      _________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)                                         AR20150006466



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ABCMR Record of Proceedings (cont)                                         AR20150006466



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