IN THE CASE OF:	  

		BOARD DATE:	 27 May 2014 

		DOCKET NUMBER:  AR20130017059 


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 change of his home of record.

2.  The applicant states that if his home of record is changed to Texas his son would be eligible for in-state college tuition.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  When the applicant originally enlisted in U.S. Army Reserve Delayed Entry Program his DD Form 4/1 gave his home of record as Oakland, CA.  He enlisted in the Regular Army on 16 January 1991 and was discharged on 3 April 2006 to accept appointment as a warrant officer.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for his enlisted service shows his home of record as Oakland, CA.  He entered active duty as a warrant officer and retired on 28 February 2013.

2.  His retirement DD Form 214 lists his home of record as Oakland, CA.  

3.  Army Regulation 635-5 (Separation Documents), then in effect, provides item-by-item instructions for completing a DD Form 214, including item 7b (Home of Record at Time of Entry).  It provides that a Soldier's initial enlistment contract or appointment document is the source for this data.  It also notes that, "Home of Record" is the place recorded as the home of record of the 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 (Joint Federal Travel Regulations, Volume 1, Appendix A, Part I).  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 applicant simply states that changing his home of record would be an economic benefit.  He does not even maintain that the home of record listed on his DD Form 214 is erroneous, and there is no evidence that it is erroneous.

2.  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____  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)                                         AR20130017059





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ABCMR Record of Proceedings (cont)                                         AR20130017059



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