IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120016996 


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 a change of his home of record (HOR) from "North Carolina" to "Philippines."

2.  He states initially his HOR was North Carolina, where he received his commission.  He no longer has any ties to North Carolina.  He requests his HOR be changed to "Philippines," where he was born and married.  He has relatives there and plans to reside and retire there.

3.  He provides:

* Republic of the Philippines Certificate of Live Birth
* Republic of the Philippines Certificate of Marriage
* DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract)
* orders
* letter and Collateral Appraisal/Re-appraisal Authorization from the Philippine National Bank (PNB)
* Officer Record Brief (ORB)

CONSIDERATION OF EVIDENCE:

1.  On 2 June 1988, the applicant enlisted in the Regular Army (RA).  On 2 January 1992, he was honorably released from active duty.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows his HOR as an address in Daly City, CA.  
2.  On 19 August 1992, he enlisted in the U.S. Army Reserve (USAR) as a cadet.  Item 3 (HOR) of the DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) completed at that time shows his HOR as an address in Hayward, CA.  

3.  On 19 August 1992, he signed a DA Form 597-3.  Item H (Address of Record) shows an address in Hayward, CA.  Item N (Home Address) shows the same address.

4.  On 28 April 1994, Headquarters, First Region (ROTC), U.S. Army Cadet Command, Fort Bragg, NC, issued Orders 73-5-A-455 ordering him to active duty effective upon acceptance of appointment in the USAR.  The orders show his HOR as an address in San Mateo, CA.

5.  On 8 May 1994, the U.S. Army ROTC Instructor Group, Senior Division, Campbell University, Buies Creek, NC, issued Orders 2-01 discharging him from the USAR to accept a commission in the U.S. Armed Forces.

6.  A DA Form 71 (Oath of Office - Military Personnel) shows, on 9 May 1994, he took the oath of office as a second lieutenant (2LT)/O-1 in the Army of the United States.  He took the oath at Campbell University, Buies Creek, NC.

7.  A second DA Form 71 shows, on 7 September 1994, he took the oath of office as an Armor Branch 2LT/O-1 in the RA.  His record shows he went on to serve in the Quartermaster Branch and the Logistics Branch and achieved the rank/grade of lieutenant colonel/O-5.  

8.  On 2 May 2012, the U.S. Army Garrison-Hawaii, Schofield Barracks, HI, issued Orders 123-0010 retiring him from active duty effective 31 October 2012.  The orders show his HOR as "HATWARD [sic] CA US."

9.  On 1 June 2012, the same headquarters issued Orders 153-0007 amending Orders 123-0010 to change his HOR to "MILILANI HI US."

10.  He retired on 31 October 2012.  His retirement DD Form 214 shows in:

* item 7a (Place of Entry into Active Duty) – "DUNN, NORTH CAROLINA"
* item 7b (HOR at Time of Entry) – an address in Mililani, HI
* item 19a (Mailing Address After Separation) – the address shown in item 7b

11.  His profile in the Total Officer Personnel Management Information System (TOPMIS) shows his country of birth as "Philippines" and his country of citizenship as "United States."  The Contact Data section of his profile shows the address in Mililani, HI, shown on his DD Form 214.

12.  He provides, in part:

	a.  a Republic of the Philippines Certificate of Live Birth showing he was born in Quezon City, Philippines;

	b.  a Republic of the Philippines Certificate of Marriage showing he was married in Quezon City, Philippines, on 28 November 1998;

	c.  a letter and Collateral Appraisal/Re-appraisal Authorization from PNB showing he owns a house and lot in Quezon City, Philippines; and

	d.  his ORB, on which he has highlighted his HOR at entry into active duty, which is shown as "NORTH CAROLINA."

13.  The Joint Federal Travel Regulations (JFTR), Appendix A, Part I (Definitions), defines HOR for uniformed service members as the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  It states the place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day may the member change the HOR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to change his HOR from North Carolina to Philippines.

2.  He has highlighted an entry on his ORB showing his HOR at entry on active duty was North Carolina; however, this is not shown as his HOR in any other documents in his record.  It is, however, where he entered active duty.  

3.  His record includes:

* a DD Form 214 covering his RA service showing his HOR as an address in Daly City, CA
* a DA Form 597-3 showing his HOR as an address in Hayward, CA
* active duty orders showing his HOR as an address in San Mateo, CA
* retirement orders showing his HOR as an address in "Hatward, CA" (presumably an error that should read "Hayward, CA")
* an amendment to his retirement orders changing his HOR to an address in Mililani, HI
* a retirement DD Form 214 showing his HOR as an address in Mililani, HI

4.  The JFTR states a change in a uniformed service member's HOR is not authorized unless there is a break in service that exceeds one full day.  There is no evidence of such a break, and it is unclear under what authority his retirement orders were amended to show the address in Mililani, HI, as his HOR.  

5.  The preponderance of evidence indicates either the address in Hayward, CA, or San Mateo, CA, was his HOR when he entered active duty as a commissioned officer.  He did not have a break in service after entering active duty as a commissioned officer.  In the absence of evidence showing his HOR should have been recorded as "Philippines" when he entered his second period of active duty service, there is no basis for granting the relief he has requested.  

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)                                         AR20120016996





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016996



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1