IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160004075 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160004075 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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160004075 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) upon entry on active duty as "Florida" instead of "Pennsylvania." 2. The applicant states she commissioned into the Regular Army from Dickinson College in Carlisle, PA, on 9 May 2012. She is an active duty officer currently stationed at Fort Bragg, NC. She is a legal resident of Florida. She has a driver’s license from Florida and both her vehicle and her husband's vehicle are registered in Florida. Her husband is also a resident of Florida and his address on their marriage certificate is Fort Myers, FL. Some of the monthly bills are sent to the address listed on her driver license. When she transitions from active duty, she will return to Florida. 3. The applicant does not provide any additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) as a cadet for 8 years on 12 September 2008. Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document) listed her HOR as Dickinson College, Carlisle, Pennsylvania. 2. In connection with this enlistment, she also signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract). She also listed her address of record as Carlisle, PA. 3. She was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 19 May 2012. She was sworn at Dickinson College, Carlisle, PA. 4. She was discharged from the USAR (ROTC) on 18 May 2012 to accept a commission in the armed forces. Her discharge order listed her home address as "Ligonier, Pennsylvania, 15658." 5. On 19 May 2012, the U.S. Army ROTC Battalion, Carlisle, Pennsylvania, issued her an appointment memorandum. This memorandum was addressed to her at her address in Ligonier, PA. 6. She entered active duty on 24 August 2012. She was sworn in as a Regular Army commissioned officer on 28 August 2012 and she attended the Army Medical Department Basic Officer Leader Course. 7. She is currently assigned as a Regular Army officer at Fort Bragg. Her Officer Record Brief lists her place of birth and HOR as "Pennsylvania." REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies governing the official military personnel file. Table 5-2 of this regulation states that the term "HOR" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. Chapter 5 defines 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 Federal Travel Regulations (JFTR), 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. 3. The JFTR provides, in pertinent 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: The applicant contends her HOR should be Florida instead of Pennsylvania: a. 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 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. b. The evidence of record shows upon her initial enlistment in the USAR in September 2008, the applicant listed her HOR as "Pennsylvania." Likewise, upon graduation from college, she was sworn in at Carlisle, Pennsylvania. There is no mention of Florida anywhere in her records. c. There is no evidence of error in the HOR listed on her records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004075 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004075 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2