IN THE CASE OF:	  

		BOARD DATE:	  06 April 2010

		DOCKET NUMBER:  AR20090016539 


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 that his records be corrected to show his home of record prior to mobilization as San Francisco, CA (94131), not San Rafael, CA (94903).

2.  The applicant states that prior to his mobilization and predeployment training he and his family moved from San Rafael to San Francisco.  Despite several submissions, the error in his home of record has not been corrected.

3.  The applicant provides copies of 9th Mission Support Command 
Orders 08-161-0083, an 8 August 2008 DA Form 4187 (Personnel Action), a 25 August 2008 DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters and/or Variable Housing Allowance), a 26 August 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty), and a Redwood Credit Union mortgage statement.

CONSIDERATION OF EVIDENCE:

1.  On 9 June 2008, the applicant, a career U.S. Army Reserve (USAR) Soldier with 12 years of prior active and reserve service, received 9th Mission Support Command Orders 08-161-0083, ordering him to active duty in support of Operation Iraqi Freedom effective 19 August 2008.  His address and home of record on these orders is shown as San Rafael, CA.

2.  An 8 August 2008 DA Form 4187 shows the applicant received a continental United States cost of living allowance based on the zip code for his home address in San Francisco.

3.  The 25 August 2008 DA Form 5960 lists the applicant's home address as San Francisco, CA.

4.  A Redwood Credit Union mortgage statement shows the applicant had a mortgage on a house in San Francisco, CA, prior to his mobilization in August 2008.

5.  His 26 August 2009 DD Form 214 shows his home of record as San Rafael, CA.

6.  A review of the applicant's integrated Personnel Electronic Records Management System file shows the applicant's contact address as San Francisco, CA.  Various documents of record show that prior to the applicant's mobilization he listed the San Rafael address; however, all documents completed after 1 August 2008 list the San Francisco address.

7.  Army Regulation 601-280 (Army Retention Program) Table 11-1, states for a USAR Soldier, the home of record entry at the time of enlistment, reenlistment, or ordered into the relevant tour of active duty will be the address the Soldier claims as a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that prior to his mobilization and predeployment training he and his family moved from San Rafael to San Francisco.  Despite several submissions, the error in his home of record has not been corrected.

2.  In accordance with regulations, the home of record for a USAR Soldier is the address the Soldier claims as his or her permanent address.

3.  Just prior to his mobilization in August 2008, the applicant purchased a home and changed his permanent residence to San Francisco.  The applicant's new address is listed on all of the documents prepared in concert with his mobilization except his initial mobilization orders.

4.  For USAR Soldiers, the Soldier's permanent address is the home of record.  At the time the applicant was mobilized his permanent address was the San Francisco address.  Therefore, it is appropriate to correct his records, including the 2009 DD Form 214, to show his home of record as San Francisco, CA, effective 1 August 2008.

BOARD VOTE:

____X__  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's home of record as San Francisco, CA, effective 1 August 2008.



      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20090016539



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ABCMR Record of Proceedings (cont)                                         AR20090016539



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