IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080007650
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 his Home of Record (HOR) be changed from Arizona to Nevada.
2. The applicant states that he was honorably discharged from the U.S. Army on 15 January 2008 in the rank of major at Fort Hood, Texas. At his release from active duty, his new pastoral assignment was in Douglas County, Nevada at
St. Gall Catholic Church, 1343 Centerville Lane, Gardnerville, Nevada
89410-9746. He no longer has connections with the state of Arizona and his future pastoral assignments will be in Nevada.
3. The applicant provides a supplemental letter, dated 15 February 2008; his DD Form 214 (Certificate of Release or Discharge from Active Duty); his discharge orders from active duty, dated 2 November 2007; a photocopy of his drivers license; and his ordination card, in support of his application.
CONSIDERATION OF EVIDENCE:
1. After having had prior active and inactive service, the applicant was appointed as a Reserve commissioned officer on 24 May 2004 in the Chaplain Corps. He was ordered to active duty on 30 May 2004. His appointment memorandum shows his mailing address as Winslow, Arizona.
2. Headquarters, III Corps and Fort Hood Orders 306-0145, dated 2 November 2007, discharged the applicant from active duty on 15 January 2008. These orders show his HOR as Winslow, Arizona.
3. Item 7b (Home of Record at time of Entry) on the applicants DD Form 214 shows his HOR as Winslow, Arizona.
4. In the processing of this case, a staff advisory opinion was obtained from the Branch Chief, Officer Personnel, U.S. Army Human Resources Command, Alexandria, Virginia. The opinion approved the applicants request to change his HOR from Arizona to Nevada. He was advised to provide a copy of the memorandum to his local Personnel Services Battalion (PSB) or career manager for them to update his Officer Record Brief (ORB).
5. A copy of the advisory opinion was forwarded to the applicant; however, he did not respond within the allotted timeframe.
6. The applicants ORB, dated 9 May 2008, shows his HOR as Gardnerville, Nevada.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the HOR at time of entry will be entered in Block 7b of the DD Form 214. This regulation states that the street, city, state and zip code will be entered. HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.
8. The Joint Federal Travel Regulation (JFTR) defines HOR as the home of the individual when commissioned, appointed, enlisted or inducted or ordered into the tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. Based on the governing regulations, the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded remains the same unless there is a break in service of more than one full day.
2. The applicant was appointed in the U.S. Army on 24 May 2004. At that time, the city and state of his HOR were recorded as Winslow, Arizona.
3. There is insufficient evidence to show that Winslow, Arizona was incorrectly identified as his HOR at the time he was appointed. Therefore and contrary to the advisory opinion, the applicant's HOR should remain Winslow, Arizona as recorded when he was appointed as a Reserve commissioned officer in the U.S. Army.
4. The rather unique circumstances of the applicant are understood. However, the JFTR does not provide for exceptions to the policy. Therefore, there is no inequity in denying the applicant's request as every other Soldier separated from the Army is placed in a situation similar to the applicant's.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX_____ ____XX____ ___XX_____ 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.
________XXXX______________
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) AR20080007650
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