IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015	  

		DOCKET NUMBER:  AR20150000430 


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, correction of the orders which brought him on active duty as a Regular Army officer and the orders which assign him to the transition center to show his home of record (HOR) as "Wentzville, MO" instead of "El Paso, TX."

2.  The applicant states:

* he was an officer with the Missouri Army National Guard (MOARNG) who was ordered to active duty at Fort Bliss, TX on 14 June 2010
* he resided in post housing while at Fort Bliss
* he applied to return to active duty in the Regular Army under the "Call to Active Duty" program and was accepted
* he separated from the MOARNG on 2 March 2013 and entered the Regular Army on 3 March 2013, with no break in service
* he was still living in post housing at Fort Bliss when he became a Regular Army Officer
* he now is separating from active duty and his HOR has been incorrectly changed to show El Paso, TX
* he is unable to move household goods (HHG) back to his home in Missouri because of the change in HOR
* he has been told the only remedy is to have his HOR changed back to his home in Missouri

3.  The applicant provides orders and a bank statement showing his Missouri address.
CONSIDERATION OF EVIDENCE:

1.  After initially serving in the Regular Army, he enlisted in the MOARNG on 17 February 2005.  He was appointed as a second lieutenant, Ordnance Corps, within the MOARNG on 10 September 2006.  He was assigned in various positions, including a deployment to Kosovo from 19 June 2008 to 8 March 2009.  

2.  Orders A-05-015487, dated 24 May 2010, issued by U.S. Army Human Resources Command (HRC) mobilized the applicant in support of Operation Enduring Freedom with duty at Fort Bliss, TX.  These orders listed his HOR as "Wentzville, MO." 

3.  He remained at Fort Bliss, TX, in an ARNG status until 2 March 2013.  He applied and, on 9 August 2012, was accepted for Limited Call to Active Duty program where reserve component officers could be added to the Active Duty List as Regular Army officers.

4.  Orders A-02-302268, dated 8 February 2013, issued by U.S. Army Human Resources Command, ordered the applicant to active duty as a Regular Army officer with duty at Fort Bliss, TX.  The order is addressed to the applicant at his quarters in El Paso, TX.  Under the portion of the order titled For Army Use, it shows HOR as being the same as shown on the standard name line, El Paso, TX.

5.  Orders 057-0046, issued by Headquarters, U.S. Army Garrison, Fort Bliss, TX, on 26 February 2013 ordered his release from active duty effective 2 March 2013.  The orders listed his HOR as "Wentzville, MO." 

6.  On 2 March 2013, he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 14 June 2010 to 2 March 2013.  The reason given for discharge was "Completion of Required Active Duty."  Item 7b (Home of Record at Time of Entry) shows "Wentzville, MO."  Item 9 (Command to Which Transferred) shows a unit at Fort Bliss, TX.

7.  His records contain a DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes).  This form shows for the period 14 June 2010 through 10 December 2013 (the date the form was completed) no break in service.

8.  Orders 220-0028, issued by Headquarters, U.S. Army Garrison, Fort Bliss, on 8 August 2014, show the applicant being assigned to the Fort Bliss Transition Center with a reporting date of 1 April 2015.  His HOR is shown as "El Paso, TX."

9.  The applicant provides a mortgage statement which shows his property address as being in Wentzville, MO.

10.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing military human resources records.  In Chapter 5 (Updating Data Related to the Record Brief) it provides guidance for showing an HOR in the Official Military Personnel File.  It states:

* HOR means the place recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty
* Source documents include DA Form 71 (Oath of Office), active duty letter, or appointment order
* HOR can only be changed if there is a break in service of more than one day, or to correct an error

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, 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.  

2.  Apart from his initial entry on active duty, the applicant's records consistently show his HOR as Wentzville, MO.  The orders bringing him on duty as a Regular Army officer showed his HOR as being the same as his El Paso, TX address.  Because the El Paso address was where he was located at the time of his activation, it is technically correct.  He was only there, however, as a result of mobilization.  To leave his HOR as El Paso, TX when his home is actually in Wentzville, MO would create an undue hardship.  As a matter of equity it should be changed from El Paso, TX to Wentzville, MO.

3.  Based upon the foregoing, the requested relief should be granted.

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:

* deleting the current address shown on the standard name line of Orders A-02-302268, issued by HRC on 8 February 2013 and adding the applicant's address in Wentzville, MO
* deleting the current HOR of El Paso, TX on Orders 220-0028, issued by Headquarters, U.S. Army Garrison, Fort Bliss, TX, on 8 August 2014 and adding the HOR of Wentzville, MO




      _______ _   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)                                         AR20150000430





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ABCMR Record of Proceedings (cont)                                         AR20150000430



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