IN THE CASE OF:
BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20130006945
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 Irving, TX.
2. The applicant states:
* he will be separating from the military on 15 August 2013 and he will be moving his family to Irving, TX
* his Army Reserve service HOR was TX
3. The applicant provides a copy of his driver license.
CONSIDERATION OF EVIDENCE:
1. The applicant's complete Army Military Human Resource Record, formerly known as the official military personnel file, is not available for review.
2. On 11 September 2006, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). He was discharged from the DEP and enlisted in the USAR on 26 October 2006. The available records do not show the HOR that he used when he enlisted in the USAR.
3. Orders Number C-10-634147, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 27 October 2006, releasing him from the USAR DEP show he resided at a Houston, TX address.
4. Orders 10-104-00004, issued by Headquarters, 63d Regional Support Command, Moffett Field, CA, dated 14 April 2010, show he resided at an Irving, TX address.
5. On 6 October 2010, the applicant was discharged from the USAR and enlisted in the Regular Army for a period of 3 years and 2 weeks on 7 October 2010. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 7 October 2010, commonly referred to as the enlistment contract, shows an HOR address in Aldan, PA.
6. The applicant's DD Forms 1966/1 through 1966/5 (Record of Military Processing-Armed Forces of United States) completed during his 2010 enlistment processing show in:
* Item 3 (Current Address), an address in Aldan, PA
* Item 4 (HOR Address), the same address used in Item 3
7. The applicant provides a copy of his driver license which was issued by the State of TX on 27 May 2009 and he has an expiration date of 3 February 2016.
8. 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.
9. 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.
10. 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 Irving, TX was carefully considered.
2. The HOR is the place recorded as the home of the individual at the time of enlistment or induction, and 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 Aldan, PA. 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.
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) AR20130006945
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006945
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008122
The applicant provides: * DD Form 214 * Enlisted Record Brief (ERB), dated 27 April 2010 * birth certificate from the county of Dallas * high school diploma * three driver licenses issued by the State of Texas CONSIDERATION OF EVIDENCE: 1. This form provided the following information in: * item 3 (Current Address) - an address at Fort Bragg, Cumberland, NC * item 4 (HOR Address) - an address in Fayetteville, Cumberland, NC * item 14 (Valid Driver's License (State, number, and expiration...
ARMY | BCMR | CY2013 | 20130012113
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Springtown, Texas" instead of "Fort Stewart, GA." 2. The applicant provides a DD Form 2058, dated 31 July 2007, which shows his legal residence as "Springtown, TX." By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially...
ARMY | BCMR | CY2015 | 20150008824
The applicant requests correction of his Enlisted Record Brief (ERB) to show his home of record (HOR) as Bellefonte, PA. 2. There is no authority to change the HOR as officially recorded at the time of entry into military service. The applicant's records clearly show his HOR as Bellefonte, PA, when he enlisted in the Regular Air Force in 2002.
ARMY | BCMR | CY2013 | 20130000405
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 1991 * documents from Texas concerning his residency status CONSIDERATION OF EVIDENCE: 1. There is no authority to change the HOR as officially recorded at time of entry into the military service. 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...
ARMY | BCMR | CY2009 | 20090018345
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his home of record at time of discharge was Texas. As there is no evidence the applicant had a break in service, he could not have established a new home of record in Texas.
ARMY | BCMR | CY2009 | 20090005445
The applicant requests, in effect, that the home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 25 May 2009 be changed from Fort Bragg, North Carolina (NC) to Pittsburgh, Pennsylvania (PA). His DD Form 214 for that period of service shows his HOR as Pittsburgh, PA. 2. The applicants orders appointing him as a second lieutenant and his Officer Record Brief are accepted as sufficient evidence to show that Pittsburgh, PA is...
ARMY | BCMR | CY2013 | 20130001881
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. 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...
ARMY | BCMR | CY2011 | 20110005841
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 28 June 1990 to show San Antonio, TX as his home of record (HOR). The applicant states he changed his HOR while in the Army, but the change is not reflected on this DD Form 214. There is no basis for changing a properly-constituted DD Form 214.
ARMY | BCMR | CY2010 | 20100014866
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his home of record (HOR) from PA to TX. However, he has not provided sufficient evidence to show he had a break in service of 1 full day and that his HOR was changed.
ARMY | BCMR | CY2013 | 20130021094
The applicant requests, in effect, that his home of record (HOR) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Texas. His DD Form 214 shows in: * Item 7a (Place of Entry into Active Duty) Tampa, FL * Item 7b (HOR) Tampa, FL 5. Additionally, his DA Form 31 for the period 23 July to 21 August 1990 shows his leave address as Friendswood, TX.