IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140020066
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 home of record (HOR) be corrected to show that his HOR is Kentucky.
2. The applicant states he made a mistake when completing the DD Form 2058 upon entering the Active Guard Reserve (AGR) program and his HOR is now reflected as New York instead of his actual HOR of Kentucky. He was in a troop program unit (TPU) in New York because he had a civilian job in New York and received an offer into the AGR program. It was then that his HOR was changed to New York.
3. The applicant provides a one-page letter explaining his application, a copy of his leave and earning statement, and his oath of office.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant in Bowling Green, Kentucky on 16 May 2009.
2. He was promoted to the rank of captain on 21 December 2012. On
21 March 2013, he transferred from a TPU in Indiana to a TPU in Rochester, New York.
3. In August 2013, the applicant accepted an AGR position in South Carolina and was ordered to active duty. He is currently serving in that position.
4. The LES provided by the applicant shows his state taxes are being deducted for the State of Kentucky.
5. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation defines the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered 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 home of record be changed by the member.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The
DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7 of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry. Item 7b shows the street, city, state and ZIP code listed as the Soldiers HOR. The "HOR" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
7. The JFTR provides, in part, 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 the 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 the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants HOR was recorded as being in Kentucky when he was commissioned as a second lieutenant and remained as Kentucky until he was ordered to active duty (voluntarily) in the AGR program.
2. The applicant was residing in New York at the time he accepted the AGR position and thus his HOR was changed to New York.
3. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. As such, his DD Form 214 correctly listed the correct place of entry on active duty and HOR.
4. Accordingly, he has not provided sufficient evidence that his HOR is in error or unjust. 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) AR20140020066
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