IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090016140 


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 Alaska as his home of record. 

2.  The applicant states he and his family are legal residents of Alaska.  He states, in effect, that when he reenlisted in 2007 he requested his home of record be changed to show Alaska.

3.  The applicant provides copies of his last will and testament, two military leave and earnings statements, two Alaska Driver Licenses, and his Vehicle Registration in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 30 March 2005 and he was awarded the military occupational specialty of motor transport operator.  He has served continuously, reenlisting for 5 years on 
10 January 2007.  When this application was submitted, the applicant was serving in an active duty status in the rank of specialist/E-4.

2.  The applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) and both of his DD Forms 4 (Enlistment or Reenlistment Agreement) show his home of record as Parkersburg, WV.


3.  Army Regulation 635-5 states that the Soldier’s home of record is the place recorded as the home of record of the Soldier when 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, App 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.  While the applicant's legal residency is Alaska, his records show his home of record as Parkersburg, WV which was recorded as his home of record when he enlisted as prescribed by regulatory policy.  There is no evidence that he had a break in service of at least 1 day.  Therefore, he is not entitled to have his home of record changed to show Alaska.

 2.  The Board does not correct properly constituted records to establish an applicant's eligibility for benefits.

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___  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)                                         AR20090016140



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ABCMR Record of Proceedings (cont)                                         AR20090016140



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