BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160012019 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ _x_______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160012019 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending/endorsing Headquarters, 11th Aviation Command, Fort Knox, KY, Orders 15-300-00002, dated 27 October 2015, to show the following: * Standard Name Line (Address): "#### 14th Avenue West, Apartment ###, Seattle, WA 98119" * Home of Record (HOR) leadline: "Bellevue, WA" 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains correcting/changing his home of record in his military service records. ___________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: 1 November 2016 DOCKET NUMBER: AR20160012019 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, in effect, correction of the home of record (HOR) that is recorded in his military service records. 2. The applicant states, on 1 August 2015, he and his wife started looking for an apartment. The objective was to move closer to the school where his wife worked (and where their son also attended daycare) and reduce the daily commute time by about 2 hours. a. On 7 August, he was informed of an upcoming mobilization. He was issued mobilization orders on 27 August 2015. b. On 14 September, he and his wife located an apartment and signed a lease. He applied for a change to his HOR as an exception to policy and it was approved through the brigade level. However, the U.S. Army (USA) Human Resources Command (HRC) denied a change to his HOR because he had moved after the orders were issued. He states that this has resulted in a loss in Basic Allowance for Housing (BAH) that he calculates at over $6,000 (through July 2016). He adds, if this issue had been addressed in a timely manner, the change of his HOR would have been possible. c. He adds the orders issued on 27 August 2015 were subsequently revoked. 3. The applicant provides copies of his mobilization orders (with amendments and a revocation), email messages, a sworn statement, and a lease agreement. CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 1 June 2010 for a period of 8 years. Item 3 (HOR), in pertinent part, shows "Bellevue, WA 98007." 2. He attended active duty for training and was awarded military occupational specialty 15U (Helicopter Repairer). 3. 81st Regional Support Command, Fort Jackson, SC, Orders Number 030093, dated 20 March 2015, ordered the applicant to Active Duty Operational Support – Reserve Component, on 1 April 2015, for or a period of 183 days. The Standard Name Line (SNL) shows he was assigned to Detachment 1, Company D, 1st Battalion, 214th Aviation Regiment, Gray Army Airfield, Joint Base Lewis-McChord, WA. The HOR leadline shows "Same as SNL." 4. 11th Aviation Command, Fort Knox, KY, Orders 15-239-00007, dated 27 August 2015, ordered the applicant to report for active duty on 30 October 2015, for a period of 400 days for deployment as a member of his unit in support of (ISO) Operation Freedom's Sentinel (OFS). The SNL, in pertinent part, shows his address as "#### 78th Avenue Court West, Apartment ###, University Place, WA 98466." The HOR leadline shows "University Place, WA." 5. A DA Form 2058 (State of Legal Residence Certificate), dated 20 October 2015, shows the applicant reported his mailing address as "#### 14th Avenue West, Apartment ###, Seattle, WA 98119" and that his legal residence/domicile was "Seattle, WA." 6. 11th Aviation Command, Fort Knox, KY, Orders 15-294-00006, dated 21 October 2015, revoked Orders 15-239-00007, dated 27 August 2015. 7. 11th Aviation Command, Fort Knox, KY, Orders 15-293-00015, dated 20 October, released the applicant from his current assignment and assigned him to Detachment 3, Company B, 1st Battalion, 214th Aviation Regiment, Gray Army Airfield, Joint Base Lewis-McChord, WA, effective 20 October 2015. The SNL, in pertinent part, shows his address as "#### 14th Avenue West, Apartment ###, Seattle, WA 98119." 8. 11th Aviation Command, Fort Knox, KY, Orders 15-294-00030, dated 21 October 2015, ordered the applicant to report for active duty on 30 October 2015, for a period of 400 days for deployment as a member of his unit ISO OFS. The SNL, in pertinent part, shows his address as "#### 14th Avenue West, Apartment ###, Seattle, WA 98119." The HOR leadline shows "Seattle, WA." 9. A DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ), and/or Variable Housing Allowance) shows, on 21 October 2015, the applicant requested to start BAQ with dependents effective 30 October 2015 based on duty location "#### 14th Avenue West, Apartment ###, Seattle, WA 98119." The certifying officer signed the form on 22 October 2015. 10. 11th Aviation Command, Fort Knox, KY, Orders 15-300-00001, dated 27 October 2015, revoked Orders 15-294-00030, dated 21 October 2015. 11. 11th Aviation Command, Fort Knox, KY, Orders 15-300-00002, dated 27 October 2015, as amended by Orders 15-300-00011, dated 27 October 2015, ordered the applicant to report for active duty on 30 October 2015, for a period of 400 days to deploy as a member of his unit ISO OFS. The SNL, in pertinent part, shows his address as "#### 78th Avenue Court West, Apartment ###, University Place, WA 98466." The HOR leadline shows "University Place, WA." 12. Headquarters, III Corps, Fort Hood, TX, Orders HO-324-0255, dated 20 November 2015, as amended by Orders HO-324-0255 (A1), dated 2 September 2016, deployed the applicant in a Temporary Change of Station status, on 14 December 2015, to Bagram, Afghanistan ISO OFS. The orders show for Additional Instruction l, "For Reserve Component Soldiers and retired Soldiers called or ordered to active duty, BAH is based on principal residence when ordered to active duty in a Temporary Duty Status." 13. In support of his application the applicant provides the following additional documents that were not summarized above. a. Email messages pertaining to apartment hunting/leasing that show on: * 25 August, the applicant was informed the apartment he inquired about had been rented * 1 September, he arranged to view an apartment in Seattle, WA * 2 September, he and his wife viewed an apartment and were given an Internet link for the application * 8 September, his wife noted they had just learned that the applicant's deployment was moved up to October 2015 * 9 September, the applicant and his wife were informed their application for lease had been denied based on credit reports b. A Lease Agreement (with lease addenda and information sheets) that shows, on 14 September 2015, the applicant and his wife leased an apartment at "#### 14th Avenue West, Seattle, WA 98119" for a period of 1 year, effective 18 September 2015. c. DA Form 2823 (Sworn Statement), dated 22 October 2015, that shows the applicant stated he was actively seeking (since on or around 1 August 2015) a new residence for his family prior to the date his mobilization order was issued. He stated, "We visited many apartments in the greater Seattle area through the month of August." He also stated they applied to lease an apartment in Seattle on 1 September; their application was denied on 8 September; they applied for another apartment on 9 September; and they signed a lease on 14 September 2015. He further stated, "I would also like to add that although the mobilization orders were generated on 27 August 2015, I did not receive or have knowledge of the orders until 7 September [sic] 2015." REFERENCES: 1. Army Regulation 601-280 (Personnel Procurement – Army Retention Program) prescribes the criteria for the Army Retention Program. For those Soldiers serving in the active Army, it outlines procedures for immediate reenlistment or extension of enlistment. Chapter 11 (Forms, Records, and Reports), Table 11-1 (Instructions for Completing DD Form 4) shows for item 3, USAR: enter the address the Soldier claims as a permanent address; the street, city, and state will be spelled out. 2. Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System. Chapter 2 (Orders) shows in: * paragraph 2-5 (SNL), the SNL for a Soldier consists of the name, social security number, current grade of rank, unit of assignment, and station of assignment. When orders are to be mailed, the mailing address is also included. * paragraph 2-16 (Effective date), subparagraph d (Order to active duty, active duty for training, active duty for special work, active training, or temporary tours of active duty) shows the effective date of these tours of duty will be the date the Soldier is authorized to begin travel. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. a. Chapter 5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File. b. Paragraph 5-6 (Rules for completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. It shows for item 7b (HOR), a Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by USA HRC. List the street address, city, state, and zip code listed as the Soldier's HOR. For USAR Soldiers, the active duty order lists the Soldier's HOR. 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 active service of at least one full day, or it is determined by USA HRC to be factually incorrect. The HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career. DISCUSSION: 1. The applicant contends the HOR that is recorded in his military service records should be changed because he moved from his former residence in University Place, WA, to a residence in Seattle, WA before he was ordered to active duty; however, his unit failed to change his HOR when his mobilization orders were issued. 2. The evidence of record shows a Soldier's initial enlistment contract is the source for the HOR (or any correction approved by USA HRC). For USAR Soldiers, the active duty order lists the Soldier's HOR; it is the place recorded as the HOR of the Soldier when enlisted or ordered to a tour of active duty and this cannot be changed unless there is a break in active service of at least one (1) full day. 3. The applicant's records show: a. Item 3 of his DD Form 4 lists his HOR as "Bellevue, WA 98007." b. Orders issued, on 27 October 2015, by Headquarters, 11th Aviation Command, Fort Knox, KY, ordered him to active duty, on 30 October 2015, and show his address as "#### 78th Avenue Court West, Apartment ###, University Place, WA 98466" and his HOR as University Place, WA. The evidence of record shows the effective date of the orders was 30 October 2015. c. Orders issued by Headquarters, III Corps, Fort Hood, TX, instructed that for Reserve Component Soldiers called or ordered to active duty, BAH is based on principal residence when ordered to active duty in a Temporary Duty Status. 4. The applicant changed his legal residence/domicile from University Place, WA to Seattle, WA prior to 27 October 2015 and he submitted a request to start BAQ, effective 30 October 2015, based on the change in his legal residence. 5. There is no evidence that USA HRC approved a change or correction of his HOR from Bellevue, WA (to University Place, WA or to Seattle, WA). 6. The evidence fails to support the applicant's contention that he requested a correction of his HOR at any time during the period of service under review and that such request was approved by the appropriate authority. a. There is no evidence of record that shows he had a break in active service of at least one (1) day during the period 1 June 2010 through 30 October 2015. b. Based on the evidence of record, there is an insufficient evidentiary basis for correcting the applicant's HOR in his military service records. c. However, it would be appropriate to correct the orders, issued on 27 October 2015, to show the applicant's residence/mailing address as "#### 14th Avenue West, Seattle, WA 98119" and his HOR as "Bellevue, WA." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012019 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2