IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015714
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 the Home of Record (HOR).
2. The applicant states his HOR needs to be changed because his dependents moved to another address in the Philippines.
3. The applicant provides the following documents in support of his application:
* DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States)
* Birth Certificate
* College Transcript
CONSIDERATION OF EVIDENCE:
1. The record shows the applicant is currently serving on active duty in Korea.
2. On 13 January 2009, the applicant enlisted in the Regular Army. The DD Form 4 documenting this enlistment lists his HOR as an address in Alameda, California in item 3 (Home of Record).
3. The applicant's Official Military Personnel File (OMPF) contains a DD Form 1966 (Record of Military Processing-Armed Forces of the United States) that also lists the applicants HOR as an address in Alameda, California in item 4 (Home of Record Address). This document also lists his place of citizenship as the Philippines in item 5 (Citizenship).
4. The OMPF also contains a Servicemens Group Life Insurance election form completed on 20 September 2011 that shows the applicants wife was living at an address in Pittsburg, California at the time.
5. The applicant provides a birth certificate showing he was born in Calocan City, Philippines and a college transcript showing he attended a technical school in the Philippines school years 1989 through 1992.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment/ reenlistment contracts. It states 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.
7. The Joint Federal Travel Regulation 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 an 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 an address in the Philippines because his dependents have moved has been carefully considered. However, there is insufficient evidence to support this claim.
2. 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 an HOR must be based on evidence that a bona fide error was made.
3. The evidence of record contains an enlistment contract that was completed and authenticated by the applicant at the time of his reenlistment in 2008. Although it is clear the applicant was a citizen of the Philippines at the time of his enlistment, there is no indication it was his desire to declare this as his HOR at the time. Absent any evidence the HOR entered on his DD Form 4 in 2008 was in error, there is an insufficient evidentiary basis to support granting the requested relief.
4. The applicant is advised that a HOR may only be changed at the time of enlistment/reenlistment, so if he elects to reenlist at the end of this enlistment and still desires to change his HOR to the Philippines, he should ensure he declares this at that time and that it is properly recorded on his DD Form 4 or whatever other enlistment/reenlistment document may be in use at that time.
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.
ABCMR Record of Proceedings (cont) AR20110015714
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ABCMR Record of Proceedings (cont) AR20110015714
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