IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110024987 


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 be changed from an address in Bronx, NY to an address in Great Falls, MT.

2.  The applicant states the address in Bronx, NY was a temporary address where he lived for 2 years while attending college.  The entry on his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) is not to be a temporary address.  He states that Table 11-1 of Army Regulation 601-280 (Total Army Reenlistment Program) states the address to be entered is the address the Soldier claims as a permanent address.  He was not informed a temporary address could not be used as a home of record.

3.  The applicant provides:

* a memorandum for record (MFR), dated 13 December 2011, from the Administration noncommissioned officer in charge (NCOIC) of the U.S. Military Academy (USMA) Band, West Point, NY 
* email, dated from 10 November to 17 November 2011, between his unit and Human Resources Command (HRC)
* DA Form 4187 (Personnel Action), dated 9 November 2011
* marriage certificate
* birth certificate
* letter, dated 25 October 2011, from the Montana Department of Motor Vehicles
* Master of Music diploma, dated 31 May 2004, from the Manhattan School of Music
* transcripts from the Manhattan School of Music
* Bachelor of Musical Arts diploma from the University of Oklahoma
* an unsigned DD Form 1299 (Application for Shipment and/or Storage of Personal Property), prepared on 9 August 2005
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 December 2011

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the U.S. Army Reserve, Delayed Entry/Enlistment Program (DEP) 11 April 2005.  He enlisted in the Regular Army on 26 May 2005 for a period of 3 years. 

2.  Item 4 (Home of Record Address) of his DD Form 1966 shows an address in Bronx, NY.  Item 3 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows the same address in Bronx, NY.

3.  His Security Clearance Application, dated 11 April 2005, shows he lived at the same address in the Bronx, NY since 2 March 2002.

4.  He subsequently immediately reenlisted twice, on 26 October 2007 and on 
17 December 2007.  Both DD Forms 4 show his home of record as the same address in Bronx, NY.

5.  On 16 December 2011, he was released from active duty.  He completed 
6 years, 6 months, and 21 days of active service that was characterized as honorable.  Item 7b (Home of Record at Time of Entry) of his DD Form 214 shows the same address in Bronx, NY.

6.  According to the MFR, dated 13 December 2011, the applicant's address in Bronx, NY was a temporary address solely to complete his Master Degree in the Bronx, NY area.  Upon initial entry he was permitted to ship his household goods from Great Falls, MT to West Point at government expense.

7.  Email between his unit and HRC show his effort to have his home of record changed from Bronx, NY to Great Falls, MT.  An email from HRC, dated 
17 November 2011, indicated his claim was not valid.  This is determined to be a denial by HRC to change his home of record.


8.  According to the transcripts from the Manhattan School of Music he started during the Fall 2002 semester and he graduated 31 May 2004.  His transcripts do reflect his address in Great Falls, MT.  

9.  Table 11-1 of Army Regulation 601-280 states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day.  Only if a break in service exceeds 1 full day can the HOR be changed by the member.

10.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, 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 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 home of record address upon enlistment is designated by the applicant.  It is up to the applicant for enlistment to determine whether an address is temporary or not.  

2.  In this case, the applicant designated his address in Bronx, NY as his home of record.

3.  He contends it was a temporary address used only while he attended school.  However, his security clearance application shows he lived there 6 months prior to attending the Fall 2002 semester.  He then graduated on 31 May 2004; however, he didn't enlist in the Regular Army until 26 May 2005, approximately    1 year after he graduated.  Therefore, the evidence does not support his contention.

4.  In view of the above, there is an insufficient basis to change his home of record to Great Falls, MT.


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)                                         AR20110024987



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ABCMR Record of Proceedings (cont)                                         AR20110024987



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