BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20160004209 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 BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20160004209 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. BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20160004209 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 the Federated States of Micronesia as shown in his original enlistment documents. 2. The applicant states he enlisted in the U.S. Army from the Federated States of Micronesia. He was advised that he needed to choose a state of residence when he became a U.S. citizen in 2008. In March 2015, he discovered he did not need to change his HOR upon gaining U.S. citizenship. He requests reinstatement of his original HOR. 3. The applicant provides: * Standard Form 88 (Report of Medical Examination), dated 15 March 1999 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 22 April 1999 * DA Form 3286-59 (Statement for Enlistment – U.S. Army Training Enlistment Program – U.S. Army Delayed Enlistment Program), dated 18 March 1999 * DA Form 3286-63 (Statement for Enlistment – U.S. Army Training Enlistment Program), dated 22 April 1999 * DA Form 3286-66 (Statement of Understanding – U.S. Army Incentive Enlistment Program), dated 22 April 1999 * DA Form 3286-67 (Statement of Understanding), dated 18 March 1999 * USAREC Form 1127 (Supplement to DA Form 3286-67 – Statement for Enlistment or Appointment – Army Policy), dated 18 March 1999 * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 22 April 1999 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * social security card CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving as a chief warrant officer two in the Regular Army. 2. His enlistment Standard Form 88, dated 15 March 1999, shows he recorded his home address as Kolonia, Pohnpei, Federated States of Micronesia. 3. He enlisted in the U.S. Army Reserve under the Delayed Entry Program as a U.S. non-citizen national effective 18 March 1999. a. His DD Form 1966 shows his HOR is recorded as Kolonia, Pohnpei, Federated States of Micronesia. b. His DD Form 4 shows he enlisted in the U.S. Army Reserve under the Delayed Entry Program effective 18 March 1999 with a commitment to enlist in the Regular Army by 22 April 1999 for a period of not less than 5 years. His HOR is recorded as Kolonia, Pohnpei, Federated States of Micronesia. 4. He was discharged from the Delayed Entry Program effective 21 April 1999 for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 22 April 1999 for a period of 5 years. He did not execute a separate DD Form 4. 5. He reenlisted in the Regular Army on 25 July 2003 for a period of 4 years. His DD Form 4 shows his HOR is recorded as Kolonia, Pohnpei, Guam. 6. He reenlisted in the Regular Army on 15 July 2006 for a period of 6 years. His DD Form 4 shows his HOR is recorded as Kolonia, Pohnpei, Federated States of Micronesia. 7. He was honorably discharged on 22 June 2009 to accept a commission or warrant in the Army. His DD Form 214 shows his HOR is recorded as Kolonia, Pohnpei, Federated States of Micronesia. 8. He was appointed as a Reserve warrant officer of the Army with concurrent active duty effective 23 June 2009. 9. His personal data entries in the Total Army Personnel Data Base-Reserve shows his country of birth as the Federated States of Micronesia and his status as a naturalized citizen of the United States. The date of naturalization is not shown and his records do not contain a Certificate of U.S. Naturalization. His records do not contain documentation showing he declared a state of residence at the time of his naturalization. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides that the HOR address (street, city, county, state, country, and zip code) entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. The instructions state "Do not enter a temporary address" and "Address must be CONUS [continental United States] or U.S. Territory." 2. Army Regulation 601-280 (Army Retention Program) states the term "home of record" 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. An HOR can only be changed if there is a break in service of more than 1 day or to correct an error. 3. The Joint Travel Regulations state 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 the time of entry into military service. However, there is authority to correct an 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. It may not be a place selected for the convenience of the Soldier. 4. The U.S. Department of State website describes U.S. relations with the Federated States of Micronesia. Following World War II, the islands of what is now the Federated States of Micronesia became part of the United Nations Trust Territory of the Pacific Islands, administered by the United States through the Department of Interior Office of Insular Areas. The Federated States of Micronesia became independent in 1986 when it entered into a Compact of Free Association with the United States that included 15 years of substantial developmental aid. An Amended Compact was negotiated in 2003 for an additional 20 years of financial assistance under bilateral management. The basic relationship of free association continues indefinitely. DISCUSSION: 1. The evidence of record shows the applicant enlisted in U.S. Army Reserve under the Delayed Entry Program as a U.S. non-citizen national effective 18 March 1999. His original enlistment documents show his HOR was recorded as Kolonia, Pohnpei, Federated States of Micronesia. 2. He subsequently was discharged from the Delayed Entry Program on 21 April 1999 and enlisted in the Regular Army on 22 April 1999 under the terms of his original enlistment contract. He reenlisted on 25 July 2003. His reenlistment document shows his HOR was recorded as Kolonia, Pohnpei, Guam. Apparently the data entry system did not accept the Federated States of Micronesia as a valid entry. 3. He was then honorably discharged on 22 June 2009 to accept a commission or warrant in the Army and he was appointed as a Reserve warrant officer of the Army with concurrent active duty effective 23 June 2009. 4. He has not had a break in active duty service since his initial enlistment in the Regular Army on 22 April 1999. An HOR can only be changed if there is a break in service of more than 1 day or to correct an error. 5. The Federated States of Micronesia became independent and signed a Compact of Free Association with the United States in 1986. The Federated States of Micronesia is not a U.S. Territory, nor was it part of the United Nations Trust Territory of the Pacific Islands administered by the United States at any time during the applicant's service. 6. Although his initial enlistment documents show his HOR was recorded as Kolonia, Pohnpei, Federated States of Micronesia, Army Regulation 601-210 clearly states the HOR address must be a U.S. State or Territory. 7. It appears that an administrative error occurred during his initial enlistment processing whereby a non-U.S. Territory was recorded as his HOR in his enlistment documents. As such, there is no basis for reinstating an unauthorized HOR entry. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004209 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004209 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2