BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150018214 BOARD VOTE: __x______ ___x_____ __x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150018214 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 and Army National Guard records of the individual concerned be corrected by amending State of California, Office of the Adjutant General Orders Number 191-604, dated 10 July 2015, to show his home of record as San Mateo, California, as shown on his rental agreement and DA Form 5960, dated 8 November 2015. ___________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: 24 May 2016 DOCKET NUMBER: AR20150018214 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 amendment of State of California, Office of the Adjutant General Orders Number 191-604, dated 10 July 2015, to show his home of record (HOR) as San Mateo, California, instead of Los Angeles, California. 2. The applicant states he is currently a California Army National Guard (CAARNG) Soldier mobilized on Title 10 orders. He contends he received his mobilization orders on 5 August 2015 and he notified his unit that the HOR shown on those orders was incorrect on 22 August 2015. 3. The applicant provides: * his Basic Rental Agreement or Residential Lease, dated 1 July 2015 * DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters and/or Variable Housing Allowance), dated 8 November 2015 * a processed personal check CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving as an active member of the CAARNG. 2. On 1 July 2015, he executed a Basic Rental Agreement or Residential Lease, which was effective 1 July 2015. This document shows the property he leased is located in San Mateo, California. The document is currently filed in his official military personnel file. 3. On 10 July 2015, the State of California, Office of the Adjutant General, issued Orders Number 191-604, which ordered the applicant to active duty effective 30 September 2015, for a period not to exceed 400 days. These orders show the applicant's HOR as an address in Los Angeles, California. 4. On 8 November 2015, he submitted a DA Form 5960 and listed an address in San Mateo, California as his residential address. REFERENCES: The Joint Travel Regulation (JTR) provides that the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. 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 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. DISCUSSION: 1. The evidence of record shows the applicant entered into a lease agreement on 1 July 2015, for a property located in San Mateo, California. 2. The evidence further shows he was ordered to active by orders dated 10 July 2015. The orders show an address in Los Angeles, California as his HOR. 3. The JTR provides that the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. He was ordered to active duty on 10 July 2015 and the evidence clearly shows his residence at that time was located in San Mateo, California. 4. Based on the foregoing, State of California, Office of the Adjutant General Orders Number 191-604, dated 10 July 2015, should be amended to show San Mateo, California as his HOR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018214 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018214 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2