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ARMY | BCMR | CY2015 | 20150012516
Original file (20150012516.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150012516


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 his records to show his home of record (HOR) as Joint Base Lewis McChord (JBLM), Washington.

2.  The applicant states he is attempting to update his HOR information. According to the Fort Campbell Transportation Office, the Army will only reimburse him for moving expenditures upon his release from active duty (REFRAD) to his HOR.  He and his wife are enrolled in the Army Married Couples Program and she is stationed at JBLM.  Upon his REFRAD, he will not have the financial means to move his household goods from Fort Campbell, KY to Washington unless his HOR is changed.  He needs this change of HOR to establish a joint domicile.  They are service members who were separated by the Army and would like the opportunity to reunite when he is REFRAD.  Unfortunately, their respective career branches at the U.S. Army Human Resources Command were not able to assign them close enough together for them to establish a joint domicile in the foreseeable future.  As such, he has decided to REFRAD so they may live together.  There is no error in his records.  

3.  The applicant provided:

* his DA Form 4037 (Officer Record Brief (ORB)), dated 15 July 2015
* his spouse's DA Form 4037, dated 15 July 2015
* DD Form 1172-2 (Application for Identification Card/Deers Enrollment) effective 14 February 2015
* Certificate of Marriage, dated 14 February 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve as a cadet on 29 August 2002.  He authenticated DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) that shows a Raleigh, NC, address in item 3 (HOR). 

2.  The applicant's ORB shows he was appointed as a second lieutenant, U.S. Army Reserve on 15 May 2006.  His appointment memorandum shows the same HOR as recorded on his DD Form 4.

3.  Orders 114-137-A-801, U.S. Army Cadet Command, dated 24 April 2006, ordered the applicant to active duty effective 3 June 2006.  These orders show his HOR as being in Raleigh, NC.

4.  At the time of his application, he was a captain/pay grade O-3 assigned to the 5th Special Forces Group at Fort Campbell, Kentucky.

5.  On 14 February 2015, the applicant married another commissioned officer who is assigned to JBLM.

6.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Table 11-1 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 1 full day.  Only if a break in service exceeds 1 full day can the HOR be changed by the member.

7.  Joint Travel Regulations, volume 1, appendix A, part I, states the HOR is the place recorded as the home of the individual at the time of enlistment, induction, or commissioning.  There is no authority to change the HOR as officially recorded at time of entry into 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.  The applicant contends that his HOR should be changed because the government will only reimburse him for moving expenditures upon his REFRAD to his current HOR (Raleigh, NC).  He wants to ship his household goods at Government expense to his spouse’s location (JBLM, WA) which is further away than his current HOR.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant clearly states there is no such error.

3.  In view of the above, the applicant’s request should be denied.

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 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)                                         AR20090010534



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ABCMR Record of Proceedings (cont)                                         AR20150012516



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