RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2008 DOCKET NUMBER: AR20080002704 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his home of record as Batson, Texas. 2. The applicant states that he was born in the state of Texas, was a resident of Texas at the time of his enlistment, and still is a resident of Texas. 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. On 16 March 2004, the applicant enlisted in the Regular Army for 3 years. His Enlistment Document (DD Form 4) shows in Item 3 (Home of Record) his address as 47 Central Street, Bucksport, Maine. The applicant signed the form indicating that he had carefully read this document. 2. On 4 February 2008, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of sergeant, pay grade E-5 and had completed 3 years, 10 months, and 19 days of creditable active duty. 3. Item 7b (Home of Record at Time of Entry) on the applicant’s DD Form 214 indicates the address as 47 Central Street, Bucksport, Maine. The applicant signed this form. 4. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that a Soldier’s initial enlistment contract or appointment document is the source for the “Home of Record” entry in Item 7b of the DD Form 214. It further states, “Enter the street, city, state and ZIP code listed as a Soldier’s home of record.” “Home of Record” is the place recorded as the home of record of a 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. The home of record 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. The evidence of record clearly shows that the applicant provided 47 Central Street, Bucksport, Maine as his home of record at the time of his enlistment. Furthermore, his DD Form 214 shows this as his home of record at the time of his release from active duty. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 3. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x__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 ABCMR Record of Proceedings (cont) AR20080002704 3 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET, 2ND FLOOR ARLINGTON, VA 22202-4508