BOARD DATE: 2 August 2011 DOCKET NUMBER: AR20110002141 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 that her DD Form 214 (Certificate of Release or discharge from Active Duty) be corrected to show that her home of record (HOR) is Texas. 2. The applicant states, in effect, that although she entered the Army in New York she has lived in Texas since 1988. She pays taxes on her home there, and she votes there as well. She further states that she is trying to register her daughter for college and access funds through the Hazelwood Act [which provides for qualified Texas Veterans and their family members to receive education assistance]. 3. The applicant provides a copy of her DD Form 214, retirement orders, divorce decree, reenlistment contract, personal property documents, and her Department of Veterans Affairs Rating Decision. CONSIDERATION OF EVIDENCE: 1. The applicant was born in Brooklyn, New York, originally enlisted in the Regular Army in New York on 24 January 1983, and served as a supply specialist until she was honorably discharged on 4 April 1985. 2. On 13 June 1988, she again enlisted in the Regular Army in New York for a period of 4 years and training as a construction engineer surveyor. At the time of enlistment she indicated that her HOR was Brooklyn, New York. 3. She completed her training and was transferred to Fort Hood, Texas for duty as a surveyor in an engineer company but was subsequently assigned the duties as a supply specialist which she continued to perform throughout the remainder of her career. 4. She served overseas tours in Saudi Arabia, Korea and Hawaii and each time she returned to the United States she was assigned to Fort Hood, Texas. 5. On 30 April 2006, she was retired and transferred to the Retired List in the pay grade of E-7 effective 1 May 2006. She had served 20 years and 29 days of active service and her DD Form 214 reflects her HOR at the time of entry was an address in Brooklyn, New York. 6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information from official records that is current as of the effective date of separation. 7. The Department of Defense (DOD) Financial Management Regulation, also known as the DOD Pay Manual, provides, in pertinent part, that there are no provisions to change a HOR designation in official records unless it can be proven that a mistake was made at the time of entry and that the HOR was not the actual HOR at the time or if there was a break in service of at least 1 full day. A Soldier’s initial enlistment contract is the source for this data. HOR is not always the same as legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. DISCUSSION AND CONCLUSIONS: 1. While it is certainly understood why the applicant desires her HOR to be changed on her DD Form 214, official records are not altered simply for the purpose of qualifying individuals for benefits. 2. The evidence of record clearly shows that she was born in Brooklyn, New York, that she was living in Brooklyn, New York and that she claimed Brooklyn, New York as her HOR at the time of enlistment. 3. Although she has always been stationed at Fort Hood, Texas while serving in the Continental United States that in of itself does not serve to change her HOR. It simply establishes a legal residence. Accordingly, there appears to be no error or injustice in this case and no basis to change her HOR at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x_ ___x_____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms. _______ _ 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) AR20110002141 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002141 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1