IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20160008852 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 IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20160008852 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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20160008852 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 at the time he decided to enter military service he was living in Micronesia. He traveled to the Military Entrance Processing Station (MEPS) in Honolulu, Hawaii (HI), to enlist the U.S. Army. a. He states his HOR was recorded as "Honolulu, HI." He was not aware that his HOR was incorrect until more than a year after being assigned to his first duty station (Fort Hood, TX). b. He made several attempts to get his HOR changed. He was informed that the only way to change his HOR was to separate from military service and then reenter active duty. He adds that he is a retired "wounded warrior" and it will be a financial hardship if his household goods (HHG) and privately owned vehicle (POV) are shipped to the HOR that is recorded in his military records. c. In his signed and notarized affidavit, dated 24 February 2016, he certified that he was born in the United States Territory of Chuuk, Federated States of Micronesia. He stated that he entered active military duty on 27 July 1999 from Honolulu, HI, because there was no recruiting station in his native land of Chuuk. He was informed that there was no code or designation for the Federated States of Micronesia and, as a result, Hawaii was recorded as his HOR in his military records. He asserts that the HOR should be changed so that he may ship his HHGs and POV to his true HOR (the State of Chuuk, Federated States of Micronesia), as an exception to policy. He adds that the error involving his HOR was due to no fault of his own. 3. The applicant provides copies of an: * affidavit (summarized above) * birth certificate * Federated States of Micronesia passport * two letters pertaining to shipment of HHG * Enlisted Record Brief (ERB) * State of Legal Residence Certificate CONSIDERATION OF EVIDENCE: 1. Standard Form 85 (Questionnaire for National Security Positions), completed by the applicant on 2 June 1999, shows in: * item 3 (Place of Birth): Weno, Federated States of Micronesia * item 9 (Where you have lived), in pertinent part, – * March 1998 to present – #### Kipaipai Street, Pearl City, HI * February 1997 to March 1998: ##-### Pupupuhi Street, Waipahu, HI * November 1995 to February 1997: #### Kalihi Street, Honolulu, HI * July 1989 to November 1995: #### Kalakaua Avenue, Honolulu, HI * item 10 (Where you went to school) – * September 1989 to June 1990: McKinley High School, Honolulu, HI * September 1986 to June 1989: Chuuk High School, Weno, Chuuk 2. 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 28 June 1999 for a period of 8 years. Item 3 (HOR) shows the entry, "### Kipaipai Street, Pearl City, HI 96782." The DD Form 4 also shows, on 27 July 1999, he further enlisted in the Regular Army (RA) for a period of 3 years. The applicant placed his signature on the DD Form 4. 3. Five DD Forms 4 show the applicant continued to serve in the RA without a break in active duty service. A review of item 3 of the forms fails to show the Federated States of Micronesia as the applicant's HOR. 4. U.S. Army Combined Arms Support Command (CASCOM), Fort Lee, VA, Orders 042-0505, dated 11 February 2016, as amended by Orders 049-0500, dated 18 February 2016, honorably retired the applicant from active duty on 11 April 2016 and placed him on the retired list effective 12 April 2016. The applicant was authorized shipment of HHG and POV at the with-dependent rate and also authorized up to 1 year to complete selection of a home and complete travel in connection with the action. The For Army Use section shows for HOR: "Pearl City, HI." 5. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 27 July 1999, was honorably retired from active duty on 11 April 2016, and transferred to the USAR Control Group (Retired). He had completed 16 years, 8 months, and 15 days of net/total active service. It also shows in item 7b (HOR at Time of Entry): "### Kipaipai Street, Pearl City, HI 96782." 6. In support of his application the applicant provided the following documents. a. Certificate of Live Birth, Trust Territory of the Pacific Islands, that shows the applicant was born in November 1971 in the Truk District, Turk Atoll, Pelia, Moen Island. b. Federated States of Micronesia passport issued to the applicant on 10 January 1995. c. A letter from the Commander, Headquarters Company, U.S. Army CASCOM, Fort Lee, VA, to the Chief, Housing Division, Directorate of Engineering and Logistics, Fort Lee, VA, requesting a change in the applicant's HHG shipment destination to Chuuk State, Micronesia, as an exception to policy. d. A letter from the applicant to the Traffic Manager, Transportation Office, Fort Lee, VA, dated 11 February 2016, requesting that his HHGs and POV be shipped to Micronesia at Government expense (not to Honolulu, HI) because his HOR on his ERB and retirement order is in error. e. His ERB, dated 10 February 2016, that shows in Section IV (Personal/ Family Data), HOR: "Honolulu, HI." f. DD Form 2058 (State of Legal Residence Certificate), dated 24 February 2016, that shows the applicant certified that his legal residence/domicile is Anchorage, Alaska. 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 L-1 (Instructions for Completing DD Form 4) shows for item 3, RA: enter the street, city, state, and zip code of the HOR. HOR is 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. 2. 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 ERB, 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, a Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by U.S. Army Human Resources Command (HRC). Enter the street address, city, state, and zip code listed as 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 HRC to be factually incorrect. 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, in effect, that the HOR in his military service records should be corrected because he was living in Micronesia when he travelled to the MEPS in Honolulu, HI to enlist the U.S. Army in 1999. 2. The evidence of record shows the applicant completed a Questionnaire for National Security Positions as part of his enlistment processing on 2 June 1999. It shows he acknowledged living in Hawaii from July 1989 through the date of his enlistment in the USAR on 28 June 1999 and in the RA on 27 July 1999. a. Item 3 of the applicant's initial DD Form 4 shows his HOR was recorded as "### Kipaipai Street, Pearl City, HI 96782." b. There is no evidence of record that shows he had a break in active service during the period of service under review. c. His retirement orders and item 7b of his DD Form 214 show his HOR as "Pearl City, HI 96782." 3. The evidence of record shows a Soldier's initial enlistment contract is the source for the HOR (or any correction approved by HRC). For RA Soldiers, the HOR is the place recorded as the home of the individual when enlisted or ordered into the relevant tour of active duty. Only if a break in service exceeds one full day can the HOR be changed by the member. 4. Based on the evidence of record, there is an insufficient evidentiary basis for correcting the HOR recorded in the applicant's military service records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008852 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008852 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2