BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008821 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008821 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. Enclosure 1 BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008821 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 DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 7b (Home of Record (HOR) at Time of Entry), from 11XX E. Apxxx Blvd, Apt 11X, Tempe, AZ, 85281" to "76XX S. Auxxx Avenue, Sioux Falls, SD 57108." 2. The applicant states his HOR was and remains his mother's address in SD. 3. The applicant provides: * DD Form 214 * Standard Form 180 (Request Pertaining to Military Records) * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) at the Phoenix, AZ Military Entrance Processing Station (MEPS) on 3 October 2013. 2. His DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) shows in: Enclosure 2 * Items 3 (Current Address), "11XX E. Apxxx Blvd, Apt 21X, Tempe, Maricopa County, AZ, 85281" * Item 4 (HOR), "11XX E. Apxxx Blvd, Apt 21X, Tempe, Maricopa County, AZ, 85281" * Item 15 (Place of Birth), Sioux Falls, SD * Item 22 (Education), he attended Lincoln High School in Sioux Falls, SD from August 2010 to May 2012 3. Item 3 (HOR) of his DD Form 4/1 (Enlistment/Reenlistment Document) shows his HOR as "11XX E. Apxxx Blvd, Apt 21X, Tempe, Maricopa County, AZ, 85281" and place of enlistment as "Phoenix, AZ." 4. He was discharged from the DEP on 5 January 2014 and enlisted in the Regular Army (RA) on 6 January 2014. He took his RA oath of office at the Phoenix MEPS. 5. His Enlisted Record Brief, which was created upon his entry on active duty, listed his HOR as "Tempe, AZ." 6. On 27 October 2014, Headquarters, 101st Airborne Division, Fort Campbell, KY published Orders 300-0613 discharging him effective 30 October 2014. These discharge orders listed his HOR as "Tempe, AZ." 7. He was honorably discharged on 30 October 2014. His DD Form 214 for this period of service shows in: * Item 7a (Place of Entry on Active Duty) – Phoenix, AZ * Item 7b – "11XX E. Apxxx Blvd, Apt 21X, Tempe, Maricopa County, AZ, 85281" * Item 19a (Mailing Address after Separation) – "76XX S. Auxxx Avenue, Sioux Falls, SD 57108" * Item 19b (Nearest Relative-name and Address) – lists "BXXXXX SXXXXX, 76XX S. Auxxx Avenue, Sioux Falls, SD 57108" REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies governing the official military personnel file. Table 5-2 of this regulation states the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. a. Item 7a shows the place of entry onto active duty. b. Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR at the time of entry. The "HOR" is the place recorded as the HOR 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 (JFTR), Volume 1, Appendix A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. c. Item 19 shows the mailing address after separation and nearest relative, provided by the Soldier. For item 19b, this address must be a permanent address. 3. The JFTR provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service. DISCUSSION: The applicant contends his HOR should be Sioux Falls, SD instead of Tempe, AZ: a. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. b. The evidence of record shows upon his initial enlistment in the DEP in October 2013, the applicant listed his HOR as "Phoenix, AZ, 85281." He enlisted at the Phoenix MEPS and he entered active duty from "Phoenix, AZ." Tempe, AZ is a suburb of Phoenix. c. Although the applicant was born in Sioux Falls, SD and his mother continues to live there, he did not enlist in Sioux Falls. He enlisted in AZ, raised his hand for the oath of office in AZ, and entered active duty in AZ. His DD Form 214 correctly listed his HOR in Tempe, AZ. There is neither an error nor an injustice in the HOR listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings @#!CASENUMBER Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008821 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008821 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1