IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150014157 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 his home of record (HOR) be changed from Utah to his address in Logandale, Nevada. 2. The applicant states: a. His HOR address is currently listed as an address in Utah which is the address of the recruiting station where he began enlistment processing in the Army. As a result, he has not been able to receive many important original documents and has had to request many duplicate records. b. He grew up in Nevada and has always retained a HOR address in Nevada, but the Department of Defense has his HOR listed in Provo, Utah. His current driver's license reflects his Nevada residency. c. His recruiter told him to enter the address of a friend's home as his HOR during enlistment processing and told him he couldn't join out of that station under his current HOR address in Nevada. The Utah address was, at some point, the address of the recruiting station which he noticed in the Military Entrance Processing Station (MEPS) in Salt Lake City, Utah while reviewing his enlistment contract. d. He requested a change of address to his Nevada address and the officer-in-charge (OIC) changed the address before he signed the document. However, he found out months later in basic combat training that his HOR address was still listed in Utah. He has been attempting to change it for nearly two years. His personnel officer recently informed him that his only remaining course of action to correct his HOR was to submit an application to the Board. 3. The applicant provides a bank statement from America First Credit Union. CONSIDERATION OF EVIDENCE: 1. At the time the applicant submitted his application, he was serving on active duty in the rank of specialist (SPC)/E-4. 2. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 8 February 2013. Item 5 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his HOR as Saint George (Washington), Utah. He enlisted at the MEPS at Salt Lake City, Utah. His security clearance application shows Utah addresses for his place of birth, his home address at the time of his enlistment, and two prior places of employment. 3. On 7 April 2013, he was discharged from the USAR DEP and on 8 April 2013, he enlisted in the Regular Army for a period of 4 years. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) listed his HOR as Spanish Fork, Utah. 4. The applicant provided a bank statement for the period covering 2 July 2015 through 1 August 2015 from the American First Credit Union. His mailing address on the statement is listed as a post office box in "Logandale NV." 5. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation defines the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the member. 6. The Joint Federal Travel Regulations provide, in 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: 1. The applicant's contention that his HOR should be changed to show Logandale, Nevada instead of the Utah address was carefully considered. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. Any correction to a HOR must be based on evidence that a bona fide error was made in the preparation of the enlistment documents. 2. By his statement, it appears he was physically enlisting in the Armed Forces while in Utah. He was verbally advised by a recruiter that he must use a Utah address to enlist. It appears it may have been implied that he would have had to return to Nevada and seek enlistment through an Armed Forces recruiter stationed in Nevada. 3. The evidence of record shows upon the applicant's initial enlistment in the USAR DEP on 8 February 2013, he listed his HOR as Saint George, Utah and he entered active duty on 8 April 2013 from Salt Lake City, Utah. While he submitted a bank statement showing a post office mailing address in Nevada, it is insufficient to change his HOR. The regulatory guidance is quite clear that to change one’s HOR there must be a factual error in the preparation of the entrance forms or at least a one day break in service (discharge) before a Service member can provide a new HOR for inclusion in his record. Notwithstanding the applicant’s contentions, there is an insufficient evidentiary basis for granting him his requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20150014157 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014157 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1