IN THE CASE OF: 

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130016150


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, change of the place entered active duty (PLEAD) and home of record (HOR) on her mobilization orders dated 3 January 2005, 4 January 2006, and 3 January 2007.

2.  The applicant states that:

	a.  These orders contain an administrative error showing her HOR as 1-- W.
T---------, Pleasant Grove, Utah.  This was the temporary lodging where she stayed during ADSW (Active Duty for Special Work) tours immediately prior to her mobilization.  She was unaware of this error until 2008 and has been attempting to correct it ever since.

	b.  She has been unable to collect per diem for the mobilization periods because of the error in the PLEAD and HOR listed in each of the orders.

3.  The applicant provides:

	a.  A lease/rental agreement, dated 5 March 2004, showing the applicant leased Apartment -, --0 W. --0 S, Fillmore, Utah.

	b.  Orders 229-203, Headquarters, Utah Army National Guard (UTARNG), dated 16 August 2004.

	c.  Orders 274-238, Headquarters, UTARNG, dated 30 September 2004.
	d.  Orders 003-478, Headquarters UTARNG, dated 3 January 2005.

	e.  Orders 003-255, Headquarters UTARNG, dated 3 January 2005.

	f.  Orders 218-291, Headquarters, UTARNG, dated 5 August 2008.

	G.  Army National Guard (ARNG) Financial Services Center letter, dated 
13 August 2008, rejecting her travel vouchers.

	h.  Orders A-12-826188, U. S. Army Human Resources Command (HRC), dated 17 December 2008.

	i.  Letter from Staff Sergeant (SSG) N----- E---, dated 8 January 2009.

	j.  Memorandum for Record from Lieutenant Colonel (LTC) J----- L. W-------, Command Judge Advocate (CJA), dated 16 March 2009.

	k.  DFAS memorandum, Subject:  Determination of Per Diem Entitlement, dated 16 July 2009.

	l.  DFAS letter, dated 14 August 2009.

	m.  DFAS memorandum, Subject:  DOHA (Defense Office of Hearings and Appeal) Appeal Request, dated 1 October 2009. 

	n.  Defense Legal Service Agency, Appeal Decision letter, dated 6 July 2010.

	o.  Defense Legal Services Claims Appeal Board Reconsideration Decision, dated 1 September 2012.

	p.  Her Army National Guard Retirement Point History Statement, dated 
21 August 2013.

	q.  Page with notation, "Missing Orders 04 Jan 2006  03 Jan 2007."

	r.  Orders A-10-626942, HRC, dated 24 October 2006, with amendments dated 8 January 2008 and 21 October 2008.

	s.  Orders, 023-430, Headquarters, UTARNG, dated 23 January 2008, with amendments dated 23 July 2008 and 5 August 2008.

	t.  Page A1-21, Definitions JFTR/JTR (Joint Federal Travel Regulation/Joint Travel Regulation).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the UTARNG on 9 July 2004.  

2.  The applicant's record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) executed in conjunction with her 9 July 2004 enlistment that shows her HOR as: 3-- N---- 1-- W---, Fillmore, Utah 84631.

3.  In an 8 January 2009 letter SSG N----- E--- stated he was instructed to use the HOR address in Pleasant Grove as her HOR for mobilization orders even though her original HOR noted on many of the State's systems was in Fillmore, Utah.

4.  Orders 003-479, UTARNG, shows she was ordered to active duty effective 
4 January 2005 for a period not to exceed 365 days.  The HOR shown on the orders is 16-- W--- T---------- W., Pleasant Grove, Utah 84062.  The address of the unit in the name line is 17800 Camp Williams, Riverton, Utah.

5.  Orders 352-216, Headquarters, UTARNG dated 18 December 2013, show Orders 003-479, was amended to show her HOR as 3-- N--- 1--, Fillmore, Utah 84631.  A statement was added to show the HOR was changed due to administrative error.

6.  The applicant submitted a request to DFAS to review her travel claim.  She was informed that the PLEAD on her orders was correct and she would have to work with her orders issuing agency for any amendments to change her HOR.  Additionally, she was informed that she had the right to appeal the DFAS decision to the DOHA.  

7.  Her appeal to the DOHA was denied.  The appeal decision also noted that the applicant mentioned missing orders dated 4 January 2006, and 3 January 2007.  "No details of them have been provided." 

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The opining official recommended the applicant's request be returned without action and noted:

	a.  The UTARNG provided Orders 352-216, dated 18 December 2013, which amends Orders 003-478, dated 3 January 2005.  The amended order reflects the HOR the applicant is requesting.  

	b.  A search in the applicant's Interpersonal Electronic Records Management System and a review of the documents provided by the applicant reveals no record regarding the 4 January 2006 and the 3 January 2007 mobilization orders the applicant references. 

	c.  No further action is required.

9.  On 30 December 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She responded by stating:

	a.  She agrees in part with the advisory opinion and appreciates the UTARNG providing the amendment to her 5 January 2005 orders, but she disagrees that no further action is required.

	b.  In her original request she requested correction of the PLEAD and HOR in three sets of mobilization orders.  She does not believe that just changing only the first order will be sufficient for DFAS to pay her the per diem she claimed.  

	c.  Based on the information she received from DFAS she believes the PLEAD and HOR entries must both show her HOR address in Fillmore, Utah.

10.  Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4.  Item 3 (HOR) states, enter the street, city, state, and zip code of the HOR.  HOR is the place recorded as the home of the Soldier when enlisted.  The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when she enlisted 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 Soldier.

11.  The JFTR defines the Place from Which Called (or Ordered) to Active Duty (PLEAD) as the place of acceptance in current enlistment, commission, or appointment of members of the regular Services, or of members of the Reserve components when enlisted, commissioned, or appointment for immediate active duty.  This document also notes that the PLEAD changes only if there is a break in service exceeding one full day, in which case it is the place of entry into the new period of service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant designated her HOR as 
3-- N---- 1-- W---, Fillmore, Utah 84631 when she enlisted on 9 July 2004.  Her PLEAD is the address of her unit in Riverton, Utah.

2.  The UTARNG has issued an amendment correcting the HOR listed on her 
5 January 2005 orders.  The PLEAD listed on those orders is correct.

3.  There are no available copies of the 4 January 2006 and 3 January 2007 orders she references.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20130016150



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