IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20140008429
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 his officially recorded home of record (HOR) be changed.
2. The applicant states:
a. he wants his HOR changed from an address in Georgetown, SC to an address in Converse, TX;
b. he was assigned to the U.S. Army Dental Activity at Fort Sam Houston, TX when he was selected to attend Officer Candidate School (OCS) at Fort Benning, GA. He completed OCS and was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his enlisted service;
c. he was commissioned while still a resident/homeowner in Texas. Therefore, his HOR should have been changed from Georgetown, SC, the location where he initially enlisted, to Converse, TX, his legal residence/HOR on the date of commissioning; and
d. he must sign the final DD Form 214 prior to 31 August 2014, his date of retirement.
3. In a letter, dated 8 May 2014, he states:
a. He enlisted in the Army on 10 August 1989 at Fort Jackson, SC. His HOR at the time was Georgetown, SC as currently reflected on his Officer Record Brief (ORB). He served in numerous duty locations prior to being assigned to the U.S. Army Dental Activity at Fort Sam Houston, TX in July 2000.
b. While assigned to Fort Sam Houston, he purchased a home and changed his state of legal residence as he planned to retire in San Antonio, TX when eligible. Also, while assigned to Fort Sam Houston, he was selected to attend OCS. Upon graduating from OCS, he was administered the oath of office and issued a DD Form 214 which still reflected his HOR as South Carolina. He failed to identify the issue at the time and accepted the DD Form 214 as drafted.
c. He has served in numerous positions since commissioning in 2003; however, he is scheduled to retire on 31 August 2014 after 25 years of dedicated service.
4. The applicant provides:
* Assignment orders
* Enlisted DD Form 214
* Texas property purchase documents
* ORB
* Oath of office
* Working copy of retirement DD Form 214
CONSIDERATION OF EVIDENCE:
1. Item 3 (HOR) of the applicant's enlistment contract shows an address in Georgetown, SC. His DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows an address in Georgetown, SC in item
5 (HOR Address).
2. He enlisted in the Regular Army on 10 August 1989. He served as a dental specialist and remained on active duty through continuous reenlistments until he was discharged on 9 January 2003 to accept a commission.
3. He was commissioned as a second lieutenant on 10 January 2003. His ORB shows he had follow-on assignments at Fort Sill, OK and Fort McPherson, GA before returning to San Antonio, TX in 2011. He was promoted to major on 1 October 2012.
4. His ORB, dated 5 May 2014, shows his HOR as South Carolina and his mailing address as San Antonio, TX.
5. He provides a DD Form 214 Worksheet that shows he will be retired on
31 August 2014 in the rank of major. This DD Form 214 shows his HOR at the time of entry was an address in Georgetown, SC.
6. Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time. A temporary address will not be entered.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management) states the term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. A HOR can only be changed if there is a break in service of more than 1 day or to correct an error.
8. The Joint Federal Travel Regulation (JFTR) states the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at the time of entry into the military service. However, there is authority to correct an HOR if erroneously entered on the records at that time and then only for travel and transportation purposes. 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 of entry into the relevant period of service. It may not be a place selected for the convenience of the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. A HOR can be changed to correct a bona fide error.
2. A Soldier buying a home at ones permanent duty station is insufficient to show the Soldier intends to make that station his permanent home. Many Soldiers like the idea of owning a home (rather than living in government quarters or renting) and then keeping a home as income rental property without ever having the intention of returning to that home(s).
3. The applicant was stationed in San Antonio in 2003, yet his ORB dated May 2014 still shows his HOR as South Carolina.
4. Regrettably, there is insufficient evidence upon which to base changing his HOR.
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) AR20140008429
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ABCMR Record of Proceedings (cont) AR20140008429
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