IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130001881
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, in effect, that his home of record (HOR) be changed to Tofol, Kosrae FM (Federated States of Micronesia).
2. The applicant states personnel at the Agana, Guam military entrance processing station accidently used the home address he lived at while inprocessing; however, his actual home of record was Tofol, Kosrae FM.
3. The applicant provides:
* passport extract
* birth certificate
* DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 1966/1 (Record of Military Processing Armed Forces of the United States)
* DD Form 93 (Record of Emergency Data)
CONSIDERATION OF EVIDENCE:
1. On 6 May 2009, the applicant enlisted in the Regular Army. The available records show he used a post office box in Agana, Guam as his HOR at the time of his enlistment.
2. Orders Number 101-0029, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 11 April 2013, releasing him from active duty show his HOR as Barrigada, Guam.
3. On 5 May 2013, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he completed 4 years of active military service. His DD Form 214 also shows Agana, Guam as his HOR.
4. The applicant's DD Forms 1966/1 through 1966/4 (Record of Military Processing-Armed Forces of United States) completed during his 2009 enlistment processing show in:
* Item 3 (Current Address), an address in Barrigada, Guam
* Item 4 (HOR Address), the same address used in Item 3
5. The applicant provides an extract of his passport and birth certificate which show his place of birth as Kosrae. He also provides a 1-page extract of his DD Form 1966/1 and a DD Form 93 which show his parents live in Tofol, Kosrae FM.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the policies and procedures for the preparation of enlistment contracts. It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the individual to be their permanent home or actual home at the time of enlistment. A temporary address will not be entered.
7. Army Regulation 601-280 (Army Retention Program), Table 11, states 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 into the relevant 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 can the HOR be changed by the member.
8. The Joint Federal Travel Regulations (JFTR), Appendix A, Part I (Definitions), defines HOR for uniformed service members as the place recorded as the individuals home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. It states the place recorded as the individuals 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 the member may change the HOR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his HOR should be changed to Tofol, Kosrae FM was carefully considered.
2. The HOR is the place recorded as the actual home of the individual at the time of enlistment or induction. There is no authority to change the HOR officially recorded at the time of entry into active duty. Any correction to the HOR must be based on evidence that a bona fide error was made.
3. The evidence of record contains enlistment contracts authenticated by the applicant at the time of his enlistment in the Regular Army in 2010 showing his HOR as an address in Barrigada, Guam. The available records do not show a break in service of more than one full day subsequent to his entry into active duty or an error in the HOR recorded when he enlisted in the Regular Army. The available records do not show the applicant did not live in Guam at the time he enlisted, and he acknowledges that he actually lived in Guam.
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) AR20130001881
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ABCMR Record of Proceedings (cont) AR20130001881
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