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Decision Text

ARMY | BCMR | CY2011 | 20110011025
Original file (20110011025.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110011025 


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 her home of record (HOR) be changed back to California.

2.  The applicant states she had a break in service of more than 1 day.

3.  The applicant provides a copy of her initial enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 September 2000.  Her HOR was listed as "Modesto, California."

2.  She was discharged from the USAR DEP and enlisted in the Regular Army on 18 July 2001.  Her HOR was listed as "Modesto, California."  She reenlisted on 26 August 2003 for a period of 3 years.  Her HOR was listed as "Modesto, California".  On 25 August 2007, she was honorably released from active duty (REFRAD) at Hunter Army Airfield (HAAF) in Savannah, Georgia, due to completion of required service.

3.  On 16 July 2008, she again enlisted in the Regular Army in Jacksonville, Florida, for a period of 3 years.  Her HOR was listed as "Savannah, Georgia."

4.  She deployed to Iraq from 6 May 2010 to 19 April 2011.  On 15 July 2011, she was honorably discharged at HAAF due to her completion of required service.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of her discharge shows her HOR as Savannah, Georgia.

5.  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 1 full day may the member change the HOR.  However, an 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 member's convenience.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's last enlistment on 16 July 2008 she designated an address in Savannah, Georgia, as her HOR.  She failed to show through the evidence of record or the evidence submitted with her application that her HOR is in error.

2.  The JFTR provides that an 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 appears to be no basis to change her HOR.

3.  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 failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X___  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of her service in arms.



      _______ _   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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ABCMR Record of Proceedings (cont)                                         AR20110011025



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