IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20120004337 


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

2.  The applicant states her spouse was stationed in Hawaii and received orders assigning him in Herrogate, North Yorkshire, UK, in April 2008.  She was his command-sponsored dependent.  In August 2008, she chose to enlist in the Army and unknowingly used her current address as her HOR.  In accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program), figure 6-1, a service member's HOR must be a permanent address in the continental United States (CONUS) or a U.S. territory; therefore, her DD Form 4 (Enlistment/Reenlistment Documents Armed Forces of the United States) is erroneous.  If her case is approved, she requests correction of her HOR to show the address listed on her Hawaii driver's license.

3.  She provides:

* Order C36-28, dated 31 December 2007
* DD Form 4, dated 7 August 2008
* Army Regulation 601-201, figure 6-1
* Hawaii driver's license
* self-authored memorandum, dated 13 February 2012



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110024698 on 26 January 2012.

2.  The applicant provides a self-authored memorandum and a copy of Army Regulation 601-201, figure 6-1, which she believes constitutes new evidence.  This evidence was not previously considered by the Board; therefore, it warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 7 August 2008 and was awarded military occupational specialty 35N (Signals Intelligence Analyst).  She is currently assigned to Company A, 709th Military Intelligence Battalion, Harrogate, North Yorkshire, UK, in the grade/rank of sergeant/E-5.

4.  She provides a copy of her spouse's reassignment 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.

5.  She provides a copy of her DD Form 4 which shows she enlisted in the Regular Army (RA) on 7 August 2008 for 3 years.  The DD Form 4 further shows the entry Harrogate, UK, in item 3 (HOR) and the entry Heidelberg, Europe, in item 4 (Place of Enlistment/Reenlistment).

6.  She provides a copy of her Hawaii driver's license showing an address of XXXX 10th Avenue A, Honolulu, HI.

7.  She provides a copy of Army Regulation 601-201, figure 6-1.  This figure contains a sample of the DD Form 1966 (Record of Military Processing – Armed Forces of the United States) and instructions for completing the form.  Item 4 (Home of Record Address) of the DD Form 1966 states, "enter street, county, state, and zip code.  Do not enter a temporary address.  Address must be CONUS or a U.S. Territory."

8.  A stated in the previous case, she received an email from a staff member of the U.S. Army Human Resources Command (HRC), dated 6 December 2011, which stated the applicant's action was being closed with disapproval.

	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 1 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 errors discovered after distribution of the DD Form 4.  Authority to act on claims of erroneous entries on enlistment/reenlistment documents, including HOR's, is delegated to the Commander, U.S. Army Enlisted Records and Evaluation Center (USAREREC), utilizing a DA Form 4187 (Personnel Action).

DISCUSSION AND CONCLUSIONS:

1.  The new evidence the applicant provided pertains to completing the DD Form 1966, not the DD Form 4, and is therefore not considered a valid basis for correcting her DD Form 4 to change her HOR.

2.  The appropriate action would have been to request correction of her HOR through the Commander, USAREREC, who has the delegated authority to act on claims of erroneous entries, including HOR's.  However, the applicant instead applied directly to HRC, a higher authority, and was denied.

3.  The basis of denial by HRC and in her previous case by the ABCMR was regulatory guidance which stipulates that an individual's HOR is a place recorded as the home of the Soldier when commissioned, appointed, enlisted, inducted, or ordered to active duty and can only be changed if there is a break in service exceeding 1 day.

4.  She has not presented sufficient evidence to warrant changing the Board's original decision; therefore, her requested relief is denied.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110024698, dated 26 January 2012.



      _______ _  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)                                         AR20120004337



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ABCMR Record of Proceedings (cont)                                         AR20120004337



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