BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20150007900
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 his home of record (HOR) be changed to show California (CA) instead of Hawaii (HI).
2. The applicant states, in effect:
* he graduated from U.S. Navy Reserve Officers' Training Corps (NROTC) in 1986 at the University of Southern California (USC), Los Angeles, CA
* he took his oath of office in CA
* he stayed in the U.S. Navy (USN) for 10 years and, after completing his initial obligation, was released from active duty in HI
* he then entered the Army in 2004 and, later, was sent to his current assignment in TX
* he will be retiring from TX, but still has HI as his HOR
* he plans to live in CA once he is retired and has employment already lined up
* he would therefore like his HOR to show as CA
3. The applicant provides:
* letter, dated 8 April 2015, from the National Personnel Records Center to the applicant
* NROTC Scholarship Service Agreement, signed by the applicant on 2 September 1982
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1996 showing release from active duty in the USN
* Officer Appointment Acceptance and Oath of Office, USN Reserve, dated 9 May 1986
* letter, dated 25 August 1986, from NROTC, University of San Diego/San Diego State University
* two Navy Personnel (NAVPERS) Forms 1611/1 (Report of the Fitness of Officers), dated 9 June 1986 and 6 August 1986, respectively
* NAVPERS Form 1070/74 (Officer's Report of Home of Record and Place from which Ordered to a Tour of Active Duty), dated 9 May 1986 showing the applicant's HOR as HI
* NAVPERS Form 5720/1 (Officer's Biography Sheet), dated 9 May 1986
CONSIDERATION OF EVIDENCE:
1. After prior service in the USN, the applicant was appointed as a captain in the U.S. Army Reserve (USAR) and a DA Form 71 (Oath of Office - Military Personnel) shows he executed his oath of office on 27 April 2004. The address shown on the DA Form 71 is Flushing, NY.
2. Orders A-04-609400, dated 20 April 2006, issued by U.S. Army Human Resources Command (HRC) ordered the applicant to active duty effective 26 June 2006. The address shown on his orders is Flushing, NY. He was later reassigned to Fort Sam Houston, TX, where he is currently serving as a major in the Medical Corps.
3. Orders 126-1100, dated 6 May 2015, issued by Headquarters, U.S. Army North (Fifth Army), Joint Base San Antonio, Military Personnel Division, shows the applicant is to retire effective 31 August 2015 and be placed on the Retired List on 1 September 2015. Under the heading FOR ARMY USE it shows his HOR as Flushing, NY.
4. The applicant's records show no breaks in service from when he was appointed as a USAR officer up to the current date.
5. An email communication from HRC stated they were unable to change the applicant's HOR based on regulatory guidance and recommended he apply to the Army Board for Correction of Military Records.
6. The applicant provided documentation from his Navy service record to support his application to correct his Army HOR.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management), prescribes policies governing Army military records management. Paragraph 52 (HOR) states, in pertinent part:
a. The term "home of record" means the place (city and state or country) recorded as the home of the individual when appointed or ordered into the relevant tour of active duty. Official source documents include DA Form 71 (Oath of Office - Military Personnel), active duty letter/order (emphasis added).
b. HOR is used to determine travel entitlements when a Soldier separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, or any of the other privileges of State residency.
c. HOR can only be changed if there is a break in service of more than 1 day or to correct an error (emphasis added). Any change in connection with a break in service must be recorded on the DD Form 4 at reenlistment. Corrections to erroneous home of record information in personnel systems can be addressed within S-1, Unit Adjutant - Reserve personnel action center, and/or Military Personnel Division channels.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided evidence from his Navy service record to support his application to change his Army record, specifically his HOR. The Navy records showing his HOR are not pertinent to his Army record. Army Regulation 600-8-104 states the source documents for determining an HOR when a Soldier enters the Army are the DA Form 71 and/or the orders which ordered the applicant to active duty. Both the applicant's DA Form 71 and the orders which ordered him to active duty show Flushing, NY, as his HOR.
2. In order to change an HOR, the regulation requires either evidence of an error or for a break in service of more than 1 day to have occurred. The applicant provides no proof an error occurred when his HOR was identified as Flushing, NY, when he entered the USAR. Additionally, there is no indication in his record of a break in service of more than 1 day. As a result, the evidence clearly indicates no error or injustice took place. There is, therefore, no basis upon which to grant 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) AR20150007900
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150007900
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120016996
The applicant requests a change of his home of record (HOR) from "North Carolina" to "Philippines." His record includes: * a DD Form 214 covering his RA service showing his HOR as an address in Daly City, CA * a DA Form 597-3 showing his HOR as an address in Hayward, CA * active duty orders showing his HOR as an address in San Mateo, CA * retirement orders showing his HOR as an address in "Hatward, CA" (presumably an error that should read "Hayward, CA") * an amendment to his retirement...
ARMY | BCMR | CY2010 | 20100016893
The applicant requests that block 7a (Place of Entry into Active Duty) and block 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show San Marcos, Texas, instead of Litchfield Park, Arizona. "Home of Record" is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. He was appointed a commissioned officer in Austin, Texas, and his active duty...
ARMY | BCMR | CY2014 | 20140010139
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 2000 to show her home of record (HOR) as San Antonio, Texas. The applicant provides: * DD Form 214 * driver's license information * DA Form 71 (Oath of Office) * Texas dental license * tax documents * real estate purchase agreement/settlement statement CONSIDERATION OF EVIDENCE: 1. Correction of the HOR must be based on evidence that a bona fide error...
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.
ARMY | BCMR | CY2014 | 20140012646
The applicant requests correction of the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 April 2013: * Item 7a (Place of Entry into Active Duty) * Item 7b (Home of Record (HOR) at Time of Entry) 2. The applicant states he reenlisted in the Army in Dallas, TX. There is no evidence of record and he did not provide sufficient evidence to show item 7b of his DD Form 214 contains an error.
ARMY | BCMR | CY2013 | 20130006613
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as El Paso, TX. The applicant provides: * self-authored statement * HOR Information from the 7th Army Joint Multinational Training Command * extract of Army Regulation 601-280 (Army Retention Program) * extract of Army Regulation 600-8-104 (Army Military Human Resources Records (AMHRR) Management) * DA Form 71 (Oath of Office Military Personnel),...
ARMY | BCMR | CY2006 | 20060003697C070205
The applicant requests, in effect, correction of his Home of Record (HOR) and the Place of Entry on Active Duty (PLEAD) that are shown on his separation documents. The applicant’s military service records contain a copy of a DD Form 4/3, dated 23 July 2002. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time of the applicant's enlistment, shows, in pertinent part, that the DD Form 1966-Series is completed by Army recruiting officials on a...
ARMY | BCMR | CY2010 | 20100007769
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7b (Home of Record) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Killeen, TX, instead of Miami, FL. Therefore, there is insufficient evidence on which to base correction of her records to show her HOR as Killeen, TX.
ARMY | BCMR | CY2014 | 20140011851
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 7a (Place of Entry on Active Duty), from "Massillon, OH" to "Austin, TX" * Item 7b (Home of Record (HOR)), from XXX Pershing Avenue SE, North Canton, OH, 44720" to "XXXX Balcones Club Apartments, # XXX, Austin, TX, 78750" * Item 8a (Last Duty Assignment and Major Command), from Joint Force Headquarters (-) Additional TDA GB to Joint Force Headquarters, TX * Item 19a...
ARMY | BCMR | CY2011 | 20110018363
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 August 1992 to show item 7a (Place of Entry Into Active Duty (PEAD)) and item 7b (Home of Record (HOR) at Time of Entry) as San Antonio, TX vice Showlow, AZ. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. As a result, the Board recommends that all Department of the Army records of...