DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 11 September 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160002235 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 24 Aug 2017, in which the Board members unanimously denied relief of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending his 30 November 2015 DD Form 214 as follows: • deleting from item 7b (Home of Record (HOR) at Time of Entry), "" • adding to item 7b "" the address as shown on his 13 February 1997 DD Form 214 and 1993 DD Form 4 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 11 January 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: vfbi l&i{ ' 6. Ltv--- Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002235 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: 24 August 2017 DOCKET NUMBER: AR20160002235 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002235 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), for the period ending 30 November 2015, to show: * Item 7a (Place of Entry Into Active Duty), Dallas, TX, instead of Fort Rucker, AL * Item 7b (Home of Record (HOR) at Time of Entry), ," instead of "" * Item 11 (Primary Specialty), add the entry "67R2O (AH-64 Attack Helicopter Repairer), 3 years and 0 months" * Item 14 (Military Education), add the entry "AH-64 Attack Helicopter Repairer Course, 15 weeks, 1994" 2. The applicant states he entered active duty in Dallas, TX, not Fort Rucker, AL. His enlisted service time and specialty were omitted. He would like these changes made as they affect his benefits. 3. The applicant provides: * Diploma for completion of the AH-64 Attack Helicopter Repairer Course * DA Form 2-1 (Personnel Qualification Record) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) at the Dallas, TX, Military Entrance Processing Station (MEPS) on 12 November 1993. Item 3 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document) listed his HOR as "." 2. He completed the 15-week AH-64 Attack Helicopter Repairer Course from 7 February to 25 May 1994 and he was awarded military occupational specialty (MOS) 67R (AH-64 Attack Helicopter Repairer). 3. On 6 January 1997, while assigned to Fort Rucker, AL, he submitted a DA Form 61 (Application for Appointment) as an Army Reserve warrant officer. He indicated that his place of birth was Dallas, TX, and his permanent address was "." 4. He was honorably discharged at Fort Rucker, AL, on 13 February 1997 to accept a commission or warrant in the Army. His (enlisted) DD Form 214 for this period shows he completed 3 years, 3 months and 2 days of active service. It also shows in: * Item 7a, the place he entered active duty as Item 7b, his HOR as "" * Item 8b (Station Where Separated), Fort Rucker, AL 36362-5000 * Item 11, his primary specialty as "67R2O AH-64 Helicopter Repairer, 3 years and 0 months" * Item 14, completion of the 15-week AH-64 Attack Helicopter Repairer Course in 1994 5. Without a break in service, he was appointed as a Reserve warrant officer of the Army and executed an oath of office at Fort Rucker, AL, on 14 February 1997, with concurrent call to active duty. 6. His Officer Record Brief, which was created upon his appointment as a warrant officer, lists his HOR as TX. He completed OH-58D Warrior Aviator Qualification Course from 29 July 1998 to 16 October 1998 and he was awarded MOS 152D (OF-58D Scout Pilot). 7. He served in a variety of assignments, including Bosnia and Iraq, completed multiple military training courses, and he was promoted to chief warrant officer four (CW4). 8. On 13 March 2015, following approval of his retirement application, Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, published Orders 072-0633 honorably retiring him on 30 November 2015 and placing him on the retired list effective 1 December 2015. The retirement orders listed his HOR as Dallas, TX. 9. He retired on 30 November 2015 and he was placed on the retired list in his retired rank of CW4 on 1 December 2015. His (officer) DD Form 214 for this period shows he completed 18 years, 9 months, and 17 days of active service and he had 3 years, 3 months, " * Item 11, his primary specialty as "152DH OF-58D Scout Pilot, 18 years 10 months" * Item 14, continued in item 18 (Remarks), completion of: * Aviation Warrant Officer Basic Course 1998 * Action Officer Development Course, 2001 * Rotary Wing Instrument Flight Examiner Course, 2004 * Aviation Master Gunner Course, 2005 * Joint Firepower/Controller Course 2007 * Aviation Warrant Officer Advanced Course, 2011 * Warrant Officer Staff Course, 2012 * Warrant Officer Senior Staff Course, 2013 10. He provides his enlisted DA Form 2-1 and a diploma for completion of the AH-64 Attack Helicopter Repairer Course (in an enlisted status). REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. A DD Form 214 will be prepared for various categories of Soldiers, including Soldiers changing their status or component while serving on active duty as follows: enlisted Soldiers discharged to continue on active duty as a commissioned or warrant officer, or a warrant officer terminating warrant status to continue on active duty as a commissioned officer, or officers who revert to enlisted status in accordance with applicable regulation. 2. Chapter 5 of Army Regulation 635-8 provides detailed instructions for data required in each block on the DD Form 214. a. Block 7 reflects the Place of Entry into Active Duty and Home of Record: (1) Block 7a, the Place of Entry into Active Duty. A Soldier’s initial enlistment contract or order to active duty is the source document for this data. Enter the city and state where the Soldier entered active duty. Regular Army enlisted Soldiers normally enter active duty at the MEPS. Officers enter active duty in accordance with their initial order to active duty. Normally, this is a temporary duty location for attendance at the Basic Officer Leader Course or other temporary duty location (for example, in support of Reserve Officers’ Training Corps Summer Camp or Gold Bar Recruiting duties). Soldiers who previously changed their status or component while serving on active duty, that installation where the change was made becomes the place entered active duty for this period of service. For example, an enlisted Soldier is discharged at Fort Rucker, AL to continue on active duty as a warrant officer. Upon completion of his warrant officer active duty, his DD Form 214 would list Fort Rucker, AL as his place of entry for this period of service. (2) Block 7b, Home of Record. A Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command (HRC). List the street address, city, state, and zip code listed as the Soldier's HOR. For Reserve Component Soldiers, the active duty order lists the Soldier’s HOR. The HOR 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 active service of at least 1 full day, or it is determined by HRC to be factually incorrect. An HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. b. Block 11, Primary Specialty. Enter the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officer’s Leader Course, or MOS-producing school). Primary specialty MOS or AOC is awarded by service school completion or by publication of orders awarding the MOS or AOC. (1) For an enlisted Soldier, specify the first five characters of the military occupational specialty code, which includes three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter "O" when not applicable. (2) For warrant officers, enter the four-character MOS and a fifth character for special qualification identifier (if applicable, or enter "O" if not applicable) with appropriate title and time in specialty. c. Block 14, Military Education. List all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 2. 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 that 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. 3. The Joint Travel Regulation (JTR) defines the HOR as 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: 1. The applicant completed two periods of service, the first as an enlisted Soldier and the second as a warrant officer. He first served in an enlisted status from 12 November 1993 to 13 February 1997. a. The evidence of record shows upon his initial enlistment in the Regular Army on 12 November 1993, he listed his HOR as "Waco, TX" and he entered active duty from Dallas, TX. He completed the 15-week AH-64 Attack Helicopter Repairer Course and he was awarded MOS 67R. b. When his enlisted DD Form 214 was prepared, it correctly listed his HOR (Waco, TX), the place of entry on active duty (Dallas, TX), and the specialty/training (67R, AH-64 Attack Helicopter Repairer Course). 2. He also served in a warrant officer status from 14 February 1997 to 30 November 2015: a. The evidence of record also shows when the applicant changed his status (enlisted to officer) while serving on active duty, the installation where the change occurred became the place entered active duty for this period of service. (1) He was discharged from his enlisted status at Fort Rucker, AL, to continue on active duty as a warrant officer. Upon completion of his warrant officer active duty, his DD Form 214 correctly listed Fort Rucker, AL, as his place of entry for this period of service. (2) He was discharged from his enlisted status on 13 February 1997 and without a break in service he was appointed as a warrant officer of the Army on 14 February 1997. His permanent address (not HOR) listed on his DA Form 61 shows "3." When he retired in 2015, his retirement orders and DD Form 214 listed his HOR as "" (3) 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. He did not complete the AH-64 Attack Helicopter Repairer Course or hold the enlisted MOS of 67R during his warrant officer service or period covered by his DD Form 214 from 14 February 1997 to 30 November 2015. As such, his warrant officer DD Form 214 does not reflect his enlisted training or MOS. 3. The applicant provided no explanation to support why he completed his warrant officer appointment application using a permanent address in Dallas, TX. Both his enlisted contract and enlisted DD Form 214 show his HOR in Waco, TX. By regulation, his HOR should not have changed as there was not one full day break between his enlisted discharge and warrant officer appointment with simultaneous call to active duty. It appears a "bona fide" error occurred concerning his HOR when he entered active duty as a commissioned warrant officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002235 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002235 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2