IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20140011172
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 that his records be corrected to show his home of record (HOR) as being in Texas.
2. The applicant states, in effect, that his HOR has always been Texas; however, his records indicate Oregon as his HOR because he was commissioned upon graduation from the University of Portland, Oregon. He also states that his initial contract shows his home as Texas and all of the orders show his address as being in Texas. Additionally, he has always paid Federal taxes as a Texas resident; however, his records show Portland, Oregon as his HOR.
3. The applicant provides a list on enclosures with his application on page 5 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) for assignment with the Reserve Officer Training Corps (ROTC) at the University of Portland, Oregon on 30 September 1999. His enlistment contract shows his HOR was in Harker Heights, Texas.
2. On 4 May 2013, he was commissioned as a USAR second lieutenant in the Army Nurse Corps and the orders commissioning him show his address as being in Texas.
3. He was ordered to active duty on 9 June 2013 and the orders which ordered him to active duty show his address in Texas. He has remained on active duty and is currently in the rank of major.
4. A review of the applicants official records failed to show any entries indicating that his HOR is recorded as being in Portland, Oregon. His records also show that his parents reside in Texas.
5. The Joint Federal Travel Regulation (JFTR) provides, in effect, that 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 a HOR as officially recorded at time of entry into the military service. However, there is authority to correct a 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 that 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. Although the applicant has not provided any evidence to show that his HOR is recorded as Portland, Oregon instead of Texas, it is reasonable to presume that the applicant has been led to believe that his HOR is recorded somewhere in his records as Portland, Oregon instead of Texas.
2. Therefore, as a matter of clarification, these proceedings should serve as official notice that the applicants HOR has always been in Texas and was never officially changed to any other HOR.
3. Accordingly, all records pertaining to the applicant should be annotated as appropriate, to reflect his HOR as being in Texas.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, as appropriate, that his HOR is in Texas.
_______ _ 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) AR20140011172
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