IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140021263
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 correction of his record by changing his home of record (HOR) from Nuevo, CA, to Northglenn, CO.
2. He states his HOR needs to be changed for multiple reasons.
a. He first enlisted in California as a single Soldier. During his enlistment, he married and now has a daughter. Unfortunately, most of his family has passed away in the last year, and his elderly mother is now living in Colorado. As they have a daughter and his mother to take care of, his wife's family in Colorado is now their only support system.
b. They have purchased a home in Colorado so that they may go back there to care for his mother. They have nothing to go back to in California. At the present time, he is going through the Medical Evaluation Board process due to a back injury. Because of this, he is unsure when he will be separated.
3. He provides a Settlement Statement.
CONSIDERATION OF EVIDENCE:
1. On 31 January 2012, the applicant enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP). Item 3 (HOR) of the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) completed at that time show an address in Nuevo (Riverside), CA.
2. On 21 August 2012, he was discharged from the DEP, and he enlisted in the Regular Army (RA) for a period of 3 years and 16 weeks.
3. On 2 May 2014, he extended his enlistment by 1 month at Schofield Barracks, HI. His expiration term of service (ETS) is 11 January 2016.
4. He provides a Settlement Statement indicating he has purchased a home in Northglenn, CO.
5. Appendix A, Part I (Definitions), of the Joint Travel Regulations (JTR) 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, in effect, that a member may not change the HOR unless there is a break in service of more than one full day. Travel and transportation allowances are based on the officially corrected recording in those instances when, through a bona fide error, the place originally named at time of current entry into the Service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the members actual home upon entering the Service, and not a different place selected for the member's convenience.
DISCUSSION AND CONCLUSIONS:
When the applicant enlisted in the DEP on 31 January 2012, his HOR was recorded as Nuevo, CA. He has not had a break in service since that date, and there is no evidence indicating his HOR was incorrectly recorded when he enlisted. Therefore, under the provisions of the JTR his HOR cannot be changed at this time.
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) AR20140021263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140021263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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