IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100019275
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 his home of record (HOR) be changed from the State of Washington to American Samoa.
2. The applicant states when he enlisted in the Army in 1989, Washington State was a temporary domicile. However, as a native of American Samoa, his intention was to return there after completing his military career.
3. The applicant provides a copy of his birth certificate.
CONSIDERATION OF EVIDENCE:
1. On 6 June 2002, while serving in Germany, the applicant last reenlisted in the Regular Army for an indefinite term.
2. The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), commonly referred to as the enlistment/reenlistment contract, prepared for his 6 June 2002 reenlistment shows his HOR address as Tacoma, WA.
3. The applicantÂ’s Official Military Personnel File (OMPF) is void of enlistment/
reenlistment contracts or other documents showing he ever declared American Samoa as his official HOR.
4. The applicant provides a copy of his birth certificate that shows he was born in American Samoa on 16 December 1970.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/
reenlistment contracts. It states, in pertinent part, that the HOR address entered on the enlistment/reenlistment contract will be the address declared by the applicant to be his/her permanent home or actual home at the time of enlistment/
reenlistment. A temporary address will not be entered.
6. The Joint Federal Travel Regulation (JFTR) provides 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 the 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 AND CONCLUSIONS:
1. The applicant's contention that his HOR should be changed to American Samoa has been carefully considered. However, the evidence of record and independent evidence provided by the applicant is not sufficient to support his claim.
2. In this case, the applicant indicates he was born in American Samoa and it has always been his intent to return there when he completed his military career. However, the evidence of record confirms when the applicant last reenlisted in 2002 while serving in Germany, he officially declared the State of Washington as his HOR, as evidenced by the HOR entry on his DD Form 4. There is no evidence of record or independent evidence provided by the applicant to indicate his HOR was entered in error at that time.
3. By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. Any correction to a HOR must be based on evidence that a bona fide error was made. The applicant's original enlistment contract is not available.
4. The evidence of record contains a reenlistment contract that was completed and authenticated by the applicant with his signature at the time of his last reenlistment in 2002. Absent any error being made in the HOR recorded at this time, there is an insufficient evidentiary basis to support granting the requested relief.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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.
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