IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20150001231
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 changed from Ho-ho-kus, NJ to Litzendorf, Germany.
2. The applicant states:
* he is in the lengthy process of trying to obtain a resident visa for his wife to live in the United States
* he has been involved in this process for almost a year
* he recently received a letter from the National Visa Center stating that it would be at least 2 months before they will be able to look at his case
* he is currently in the process of being medically retired
* he is almost done with the medical retirement process
* he suffers from depression, anxiety, post-traumatic stress disorder, and a host of physical ailments
* he will not be able to work due to his physical and emotional state which are exacerbated by family separation
* his wife is not authorized to work in the United States
* she can work in Germany and they can both live there without an issue
3. The applicant provides:
* a letter from the U.S. Department of State
* DA Form 3349 (Physical Profile)
* DA Form 3947 (Medical Evaluation Board Proceedings)
* Memorandum for Record
* a letter from the Department of Veterans Affairs
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) (Delayed Entry Program) on 16 February 2001. The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) initiated at that time shows his home of record as Ridgewood, NJ, in item 3 (HOR). He enlisted in the Regular Army on 29 March 2001. He was released from active duty (REFRAD) on
30 April 2006. His DD Form 214 shows Ridgewood, NJ as his home of record.
2. Orders 07-299-00020, issued by Headquarters and Headquarters Military Intelligence Readiness Command, Fort Belvoir, VA, dated 26 October 2007, shows he was honorably discharged from the USAR due to his enlistment in the Regular Army effective 16 September 2007.
3. On 17 September 2007, he enlisted in the Regular Army. The DD Form 4 completed at that time shows his HOR as Hohokus, NJ, in item 3.
4. He is currently serving on active duty at Fort Gordon, GA in the grade of sergeant/E-5.
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:
1. The applicant's contention that his HOR should be changed to Litzendorf, Germany was carefully considered. However, there is insufficient evidence to support this claim.
2. The HOR is the place recorded as the actual home of the individual at the time of enlistment or induction. There is no authority to change the HOR officially recorded at the time of entry into active duty. Any correction to the HOR must be based on evidence that a bona fide error was made.
3. The evidence of record contains enlistment contracts authenticated by the applicant at the time of his enlistment in the USAR in 2001 and in the Regular Army in 2007 showing his HOR as an address in New Jersey. As a result, absent evidence of an error in the HOR recorded at the time of his entry into service there is an insufficient evidentiary basis to support granting the 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) AR20150001231
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ABCMR Record of Proceedings (cont) AR20150001231
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