IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150009119
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) on his Officer Record Brief (ORB) be corrected to show Eugene, Oregon (OR).
2. The applicant states he enlisted and entered active duty in Oregon not Alabama. His ORB was improperly changed following his completion of Warrant Officer Candidate School in Alabama.
3. The applicant provides copies of a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), DD Form 1966 (Record of Military Processing – Armed Forces of the United States), ORB, and Orders 056-341-A-172.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 25 February 2004. His enlistment documents show an HOR of Eugene, OR.
2. His 29 September 2004 DD Form 214 shows an HOR of Eugene, OR.
3. The applicant's 2008 documents show enlistment in the Regular Army with an HOR of Eugene, OR.
4. The applicant was ordered to active duty on 25 February 2009 following completion of Warrant Officer training at Fort Rucker, Alabama. The orders show he entered active duty from Portland, OR and has had continuous service since that date.
5. The ORB that he provides shows "Alabama" in the block for "Home of Record at Ead."
6. Army Regulation 635-5 (Separation Documents) prescribed at the time separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and stated to enter the street, city, state and zip code listed as a Soldier's HOR. "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. This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, Volume 1, Appendix A, Part I). 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered the ARNG on 25 February 2004, with an HOR of Eugene, OR. This HOR was continued as Eugene, OR with his enlistment in the Regular Army in 2008.
2. By regulation the only time the applicant could have changed his HOR would have been when he was separated from the ARNG to enlist in the Regular Army.
3. Since there is no indication the applicant ever requested a change of his HOR or had a break in service to allow for such a change, it is appropriate to correct his record to show his HOR as Eugene, OR.
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 showing the applicant's HOR as Eugene, OR.
___________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) AR20150009119
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ABCMR Record of Proceedings (cont) AR20150009119
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