IN THE CASE OF:
BOARD DATE: 05 AUGUST 2008
DOCKET NUMBER: AR20080010239
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 to coincide with his spouses HOR.
2. The applicant states that he and his spouse are both military members and that upon separation they intend to return to his spouses HOR in San Diego, California. He goes on to state that he has changed his State of legal residence to California and has been paying taxes there since 2005. He continues by stating that he has been informed during a personnel briefing that if his records do not reflect his spouses HOR, their household goods will be sent to separate locations upon the expiration of their terms of service (ETS).
3. The applicant provides copies of his and his wifes enlistment and reenlistment contracts, copies of his wifes W2 Forms, a printout of DEERS information, and a copy of his current leave and earnings statement.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) in Richmond, Virginia under the delayed entry program on 31 July 2002. He enlisted in the Regular Army on 14 November 2002 for a period of 4 years and training as a finance specialist. At the time of his enlistment, he was single and his HOR was listed as an address in Melfa, Virginia, the same address where his mother resided.
2. He completed his training and was assigned to Fort Drum, New York. He was promoted to the pay grade of E-5 and in 2004, he was married to another service member. On 6 July 2006, he and his spouse reenlisted for a period of 3 years and assignment to Fort Bragg, North Carolina. He was promoted to the pay grade of E-6 on 1 November 2006. At the time of his reenlistment his HOR was listed as being in Melfa, Virginia and his spouses HOR was listed as being in San Diego, California. He and his spouse are currently serving at Fort Bragg.
3. Joint Federal Travel Regulation (JFTR) Volume I (Uniformed Service Members) provides in Appendix A, that the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. Only if a break in service exceeds one full day may the member change the HOR. However, a HOR may be changed in those instances where a member can show that through a bona fide error, the place originally named at time of current entry into the service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the actual home of the member upon entering the service, and not a different place selected for the members convenience.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. By the applicants own admission, he desires to change his HOR for his own personal convenience. He has also failed to show through the evidence of record or the evidence submitted with his application that his HOR is in error.
3. The JFTR provides that a HOR may only be corrected if a bona fide error can be established and that it may not be changed simply for the convenience of the Soldier. Accordingly, there is no basis to change his HOR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080010239
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ABCMR Record of Proceedings (cont) AR20080010239
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