DEPARTMENT OF THE NAVY
BUARD FUR CORRECTION OF NAVAL ROGORGS
Fh & NOURTHOUSE ROAD, Sule 4094
ARLINGTON, VA 22204
SET
Docket No. NR2996-14
18 Aug 14
trom. Chairman, Board for earrection of Naval Records
To: Secretary of the Navy
Sub]
Retr: (a) Title 10 U.S.C. 1552
Fncel: (1) DD Form 149 w/attachments
(2) CNPC Memo 1780 PERS-312 of i8 Jun 14
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show Petitioner's Home of Record (HOR)
was changed to
2. The Board, consisting of Mr. Zsalman, Mr. George, and Mr.
Ruskin, reviewed Petitioner's allegations of error and injustice
on 18 August 2014 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3, The Board, having reviewed ali the facts of record
pertaining to petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted sn the U.S. Navy on 18 June 2007
for a term of 4 years. At the time of enlistment, she listed
her home address as
accordance with the governing regulations, her Home of Record
(HOR) was established and entered as
c. In 2004, Petitioner married , her home
Her
state since 1390 when she and her parents moved there.
an 1A
Dockel Wu. WRESS6-14
husband was then stationed in Qa 2< in 2005
:
Petitioner moved back to Quo stay with her parents when her
husband went on his first deployment. in 2007 Petitioner and
her husband separated, and he went on his second deployment .
She lacked the finances at the time to immediately return ©o her
parent’s home ing! Given her situation, Petitioner
enlisted into the Navy in, April 2007 at the local recruiting
station in Ge Petitioner claims that it was not
explained to her at the time that she could put her parents
address ingles ‘her HOR and the physical address where she
was staying in QED (hex goon-to-be ex-husband’ s
address). . Petitioner was later able to obtain ja roundtrip
ticket back toggg—l—Buntil it was rime for her to ship out to
boot camp. Recruiters arranged her flight from ge
qu
d. Petitioner claims that when she reported to her first
command she was told that she could change her HOR, and she
filled out the tax portion of her Leave and Earnings Statement
(LES) believing that her HOR had been changed. She later found
out that those were two separate processes.
we _ gi
e. Petitioner went to high school 1g and
though she attended the University of Phoenix while she lived in
North Carolina, she used her parents QED address on the
university’s records. Petitioner also filed for 2007 Texas
taxes. (See enclosure (1)).
; £. in correspondence attached as enclosure (2), the office
having cognizance over the subject matter involved in
Petitioner's application has recommended denial, commending that
in accordance with Military personnel Manual Articie 4000-100,
only a member with a break in service exceeding 1 full day (more
than 24 hours) may elect a new Home of Record, and that
Petitioner does not meet this requirement.
CONCLUSION
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosuxge (2)., thes
{
Board found the existente of an injustice warranting the
requested relief. The Board opined that gretitiousr pipved a
connection and existence of a Home of Record in go
Petitioner and her parents moved og 2. 1990,. she wept to
t
high school in gem she got married ing@MMMM—M she filed taxes
inQu”®. and though Petitioner was attending the University of
oo \n she used her parents ea
1)
or fj
PUT A
pockeL Wo. NRZ
1,
address for the university’s wecords - »Petkitioner also moved
back to Texas while waiting to:be shipped out to boot camp.
Moreover, it appears clear to the Board that when she reported
to her first duty station she made a good faith attempt to
change her HOR based on advice she was given by Navy officiais
which later turned out to be unsuccessful.
Accordingly, the Board wecommends the Following corrective
action.
¥
RECOMMENDATION 3 - %
That Petitioner's naval record be corrected, where appropriate,
to show that:
a. petitioner’s HOR was recorded as a,
woen she enlisted in the U.S. Navy.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised procedures of the
Board for Correction of Naval Records (32 gode of Federal
Regulations, Section 723.6(¢)) it is certified that quorum was
present at the Board's review and delgberations, and that the
foregoing is a true and complete record of the Board’s
proceedings in the above entitled paneer
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ROBERT D. ZSALMAN DAVID J. CASH
R tA da
ecorder Ac ng RE CORGES
a: The foregoing action of the Board is submitted for your
review and action.
ROBERT D. 7 SALMAN
Acting Executive Director
Reviewed, and Approved: .
oflef'7
ROBERT L. WOODS
Assistant General Counsel. ,.
2
(Manpower and Reserve Affairs)
4000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000 3
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