IN THE CASE OF:	   

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150009021 


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 her records to show her home of record (HOR) as Miami, FL instead of Dumfries, VA.  

2.  The applicant states:

	a.  Her HOR is incorrect.  It is shown as Dumfries, VA instead of Miami, FL. No one wants to update her Enlisted Record Brief (ERB) and they are telling her it cannot be done.  She has sent a copy of her last reenlistment where it clearly states her HOR is FL and they still will not update it.  Her concern is that when she retires, the Army will not pay for her permanent change of station move to her HOR and she has no intentions to return to VA.  She was only stationed there, and she has never requested to make VA her HOR.  

	b.  She enlisted into the U.S. Army Reserve (USAR) out of Miami, FL, in 2004.  In 2007, she was mobilized to Fort Belvoir, VA, until 2010.  She was then mobilized again in 2010-2012 in Crystal City, VA.  During her last mobilization, she submitted an Active Guard Reserve (AGR) application and she was accepted for recruiting duty.  When she spoke with the recruiting team she requested to get stationed in VA as her first AGR tour because she was now married to an Active Duty Marine who was stationed in Quantico, VA.  She was told they had an AGR slot in Sterling, VA; therefore, when her mobilization was up, she did not ship her household goods to FL because she knew that she was coming back to VA in less than 6 weeks.  That saved the Army money since she did not transfer back to FL after her mobilization in 2012, and she was in place for duty in January 2013. 
	c.  Now, the U.S. Army Human Resources Command (HRC) is refusing to change her HOR and they do not want to update it to the proper location, which is going to hinder her permanent change of station payment when she gets ready to retire or get out of the AGR program.  She is not planning to go to VA unless the Army stations her there again.

3.  The applicant provides:

* Enlisted Record Brief
* email exchange with HRC
* 2012 reenlistment contract

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 12 August 2004 at the Miami Military Entrance Processing Station.  Item 3 (HOR) of her DD Form 4 (Enlistment/ Reenlistment Document) listed her HOR as Miami, FL.  

2.  On 23 March 2007, HRC published Orders A-03-706799 ordering her to active duty for operational support in support of Operation Enduring Freedom.  She was assigned to 9th Signal Command, Fort Huachuca, AZ, with duty at Fort Belvoir, VA.  The orders listed her home address in Miami, FL.  

3.  She entered active duty, from Miami, FL, on 2 April 2007 and she served at the 1st Signal Center, Fort Belvoir, VA.  She was honorably released from active duty at Fort Belvoir, VA, on 31 March 2010, and she was transferred back to her Reserve unit in FL.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) listed her:

* place of entry on active duty and her HOR as Miami, FL
* mailing address after separation as Miami, FL

4.  On 15 July 2010, HRC published Orders M-07-000688 ordering her to active duty in support of Operation Enduring Freedom.  She was assigned to U.S. Army Garrison, Fort Belvoir, VA.  The orders listed her home address in Miami, FL.  

5.  She entered active duty from Miami, FL, on 21 July 2010 and she served at the Joint Communications Integration Element, Arlington, VA.  

6.  On 2 March 2012, she executed a 6-year reenlistment in the USAR.  Her reenlistment contract listed her HOR as Miami, FL and her place of enlistment as Crystal City, VA.  

7.  She was honorably released from active duty at Fort Belvoir, VA, on 18 August 2012, and she was transferred to the USAR Control Group (Reinforcement).  Her DD Form 214 listed her place of entry on active duty and her HOR as Miami, FL, and her mailing address after separation as Dumfries, VA. 

8.  On 21 December 2012, HRC published Orders R-12-291619 ordering her to active duty for a 3-year active duty commitment in an AGR status.  The orders listed her home address in Dumfries, VA. 

9.  She entered active duty on 2 January 2013 from Dumfries, VA, and she was assigned to Fort Meade, MD, and later to Frederick, MD.  She is currently on active duty serving at the Baltimore Recruiting Battalion.

10.  She provides an ERB, dated 13 May 2015 that lists her HOR as Dumfries, VA.  She also provides email correspondence with HRC in regards to correcting her HOR and an explanation as to why her HOR is listed as Dumfries, VA.  Personnel at HRC stated they could not correct the HOR to her desired location of Miami, FL and recommended she apply to this Board. 

11.  Army Regulation 601-280 (Army Retention Program) at the time prescribed the criteria for the Army retention program.  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.

12.  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 Soldier’s 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 Travel Regulations (JTR), 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 Soldier’s career.

13.  The JTR 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.  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 current tour of 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.

2.  The evidence of record shows upon her initial enlistment in the USAR in August 2008, she listed her HOR as Miami, FL.  She entered active duty on 2 April 2007 from Miami, FL, and she was released from active duty on 31 March 2010 back to her USAR unit in FL.  Her DD Form 214 for this period correctly listed her HOR as Miami, FL.  

3.  She again entered active duty on 21 July 2010 from Miami, FL, and she was released from active duty on 18 August 2012 back to the USAR Control Group (Reinforcement).  Her DD Form 214 for this period also correctly listed her HOR as Miami, FL.  

4.  After a break in active service, she reentered active duty on 2 January 2013 from Dumfries, VA, and continues to serve on active duty.  Her records correctly reflect her HOR as Dumfries, VA because that is the place recorded as her home when ordered into the relevant tour of active duty.  She has not provided any evidence that her HOR is in error or unjust or that she entered her AGR tour from Miami, FL.  In view of the foregoing, there is insufficient evidence based on regulatory guidance to grant 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)                                         AR20150009021





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ABCMR Record of Proceedings (cont)                                         AR20150009021



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