IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110024698 


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 to her record to show her home of record (HOR) annotated in her files from Harrogate, United Kingdom (UK) to Honolulu, Hawaii (HI).

2.  She states that she joined the military in 2008 while she was a command sponsored dependent overseas on her husband's order in the UK.  Therefore, her HOR at the time of enlistment was reflected as Harrogate, UK, instead of her actual United States address.  Her husband has since medically retired from the Army in 2009.  He was due to ETS (expiration of term of service) next year and would like to either have her HOR changed or an exception to policy for a plane ticket home and shipment of household goods to her home of 22 years in Honolulu, HI.  Her request was denied by the Army Human Resources Command (HRC).  She is including their email as to why they denied it.

3.  She provides:

* Her HI Driver License
* Her High School Diploma
* Certificate of Marriage
* Husband's assignment orders for Fort Shafter, HI
* Her Enlisted Record Brief
* Her DD Form 4/1 (Enlistment/Reenlistment Documents Armed Forces of the United States)


* Her assignment orders for Goodfellow Air Force Base (AFB), Texas (TX)
* February 2011 Leave and Earnings Statement (LES)

CONSIDERATION OF EVIDENCE:

1.  The applicant provided a copy of her High School Diploma issued by the State of HI, Department of Education, on 31 May 2003.  She also provided a copy of her Certificate of Marriage, issued by the State of HI, Department of Health, which shows she was born in Winchester, NH, and was married in Honolulu, HI, on 15 September 2004.

2.  She further provided a copy of her HI Driver License, showing an address of _ _ _ _ 10th Avenue A, Honolulu, HI.

3.  She also provided a copy of her husband's assignment orders, dated 31 December 2007, which show he was reassigned from Fort Shafter, HI, to Harrogate, UK, with a reporting date of 10 April 2008.  The orders list her as his command sponsored family member.  

4.  Her DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), completed and signed by the applicant on 17 July 2008, contains the following entries:

* Item 3 (Current Address) _ _ _ _ Stocks Lane, Harrogate, UK
* Item 4 (HOR) the Harrogate, UK, address
* Item 14 (Valid Driver's License) HI, expires 17 December 2012

5.  Her DD Form 4/1 shows she enlisted in the Regular Army (RA) on 7 August 2008, for 3 years.  The DD Form 4/1 contains the following entries:

* Item 3 (HOR) Harrogate, UK
* Item 4 (Place of Enlistment/Reenlistment) Heidelberg, Europe

6.  Amended Orders 140-06, issued by the U.S. Army Intelligence Center and Fort Huachuca, Arizona, on 20 March 2009, reassigned her to Goodfellow AFB, TX, with a report date of 14 June 2009.

7.  She further provided a copy of her LES, for the period 1 to 28 February 2011, which shows she paid state taxes to the State of HI.  

8.  In an email, dated 6 December 2011, from a staff member of the HRC stated the applicant's action was being closed with disapproval.  He also stated:

	a.  Based on regulatory guidance that the HOR is based on the place of residence at the time of enlistment, the applicant cannot have her HOR corrected.

	b.  The ability to change her HOR is very limited.  In most cases, individuals will not be allowed to change their HOR.  An individual's HOR is a place recorded as the home of the Soldier when commissioned, appointed, enlisted, inducted, or ordered to active duty.  Only if a break in service exceeds one day, can the HOR be changed by a member.

	c.  If the HOR was originally recorded incorrectly, a change can be authorized.  The individual must provide supporting documentation to justify the change.  In every case the burden is on the individual to justify a change of the HOR on file.

9.  Joint Travel Regulations define an individual's HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  Joint Travel Regulations serve as the authority for correcting an HOR that was erroneously entered at the time of an individual’s entry on active duty.  It states a correction must be based on evidence that a bona fide error was made at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the Soldier.

10.  Army Regulation 601-280 (Army Retention Program), paragraph 11-10, prescribes the policy for correction minor administrative or typographical error discovered after distribution of the DD Form 4.  Authority to act on claims of erroneous entries, including HORs, on enlistment/reenlistment documents is delegated to the Commander, USAREREC, utilizing a DA Form 4187.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a DD Form 1966/1 on 17 July 2008 for enlistment in the RA.  She listed her HOR as Harrogate, UK.  She enlisted in the RA on 7 August 2008 and the Harrogate, UK, address listed as her HOR on her DD Form 4/1.

2.  Her request for a change to her HOR was denied by HRC in December 2011 in accordance with regulatory guidance.  By regulation, the a HOR is the place recorded as the HOR of the Soldier when enlisted.  Therefore, the HOR she listed on her DD Form 1966/1 was properly annotated on her DD Form 4/1.  In view foregoing, she is not entitled to correction to the HOR listed in her records.  Only if there is a break in service that exceeds one day, can the HOR be changed by a member.
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)                                         AR20110024698





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ABCMR Record of Proceedings (cont)                                         AR20110024698



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