DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
BCMR Docket No. 2010-165
FINAL DECISION
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of
title 14 of the United States Code. The Chair docketed the case after receiving the applicant’s
completed application on April 29, 2010, and assigned it to staff member J. Andrews to pre-
pare the decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated February 4, 2011, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his official home of record (HOR) from an
address in Elmhurst, New York, zip code 11373, which is in Queens, New York City, to an
address in Hamburg, New York, which is near Buffalo. He stated that he would like his HOR
changed “before my discharge on 6 MAY 2010 so that I may move my household to CT from
Hamburg, NY.” He alleged that his HOR is incorrectly shown in his record.
SUMMARY OF THE RECORD
On September 6, 2005, the applicant enlisted in the Coast Guard as a xxxxxxxxxxxxxxx
in the rate of xxxxxxxxx. His original enlistment contract, dated September 6, 2005, shows a
street address in Elmhurst, New York, zip code 11373, as his home of record and that he was
enlisted at a recruiting office in Queens. On May 4, 2010, the applicant was discharged. His DD
214 shows that his HOR was in Elmhurst, NY, zip code 11373.
VIEWS OF THE COAST GUARD
On September 1, 2010, the Judge Advocate General submitted an advisory opinion adopt-
ing the findings and analysis provided in a memorandum on the case prepared by the Personnel
Service Center (PSC). The PSC recommended that the Board deny the applicant’s request.
The PSC stated that the applicant reported his HOR as being in Elmhurst, NY, upon his
enlistment and that under COMDTINST M1900.4D, a DD 214 is supposed to show, as the HOR,
the “address if known where member originally entered active duty without a break in service.”
Because the applicant’s DD 214 reflects the same place shown on his enlistment contract, the
PSC argued, he has failed to substantiate any error in his record.
APPLICABLE LAW
The Joint Federal Travel Regulations (JFTR), Appendix A, Part 1, define the HOR as
follows:
1.
2.
3.
4.
HOME OF RECORD (HOR). The place recorded as the home of the individual when commis-
sioned, appointed, enlisted, inducted, or ordered into a tour of active duty.
NOTE 1: 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 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 may the member change the HOR.
NOTE 2: 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 actual home of the member upon entering the Service, and not
a different place selected for the member’s convenience.
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the applicant's
military record and submissions, the Coast Guard's submissions, and applicable law:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.
The application was timely.
The applicant alleged that his official HOR should be Hamburg, NY, rather than
Elmhurst, NY, which is the HOR in his record. The Board begins its analysis in every case by
presuming that the disputed information in the applicant’s military record is correct as it appears
in his record, and the applicant bears the burden of proving by a preponderance of the evidence
that the disputed information is erroneous or unjust. 33 C.F.R. § 52.24(b). Absent evidence to
the contrary, the Board presumes that Coast Guard officials and other Government employees
have carried out their duties “correctly, lawfully, and in good faith.” Arens v. United States, 969
F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979).
The applicant submitted no evidence whatsoever to support his allegation that his
home at the time of his enlistment was Hamburg, NY. Nothing in his military records supports
his assertion. Moreover, his enlistment at a recruiting office in Queens, NY, supports an HOR in
Queens when he enlisted and not across the state near Buffalo.
Accordingly, the applicant’s request should be denied.
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
Philip B. Busch
Nancy L. Friedman
Lynda K. Pilgrim
military record is denied.
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