IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160009244 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: 28 June 2016 DOCKET NUMBER: AR20160009244 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: 28 June 2016 DOCKET NUMBER: AR20160009244 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 correction of his Officer Record Brief (ORB) to show his home of record (HOR) as Wyoming instead of California. 2. The applicant references the definition of HOR as stated in Army Regulation 600-8-104 (Army Military Human Resource Records Management). 3. The applicant provides a copy of his DA Form 71 (Oath of Office – Military Personnel). CONSIDERATION OF EVIDENCE: 1. On 6 September 2013, the applicant signed a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), enlisting in the Army Reserve for 8 years. This form shows his HOR as Woodland, California. He also signed a DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract), which shows his home address as Woodland, California. 2. On 1 May 2015, Orders 121-182 was published ordering the applicant to active duty for 4 years, effective 20 October 2015. The orders show Woodland, California as his HOR. 3. On 6 August 2015, Order 4-1 was published discharging him from ROTC for the purpose of accepting a commission in the United States Armed Forces, effective 14 August 2015 showing Woodland, California as his HOR. 4. On 15 August 2015, the applicant was notified that he was appointed as a Reserve Commissioned Officer of the Army upon his acceptance. The notification shows Woodland, California, as his address. He accepted the appointment and he signed a DA Form 71 showing that he was at the University of Wyoming when he took his Oath of Office. 5. The applicant's ORB dated 10 June 2016 shows California as his HOR. 6. The applicant is currently deployed to Kuwait in support of Operation Enduring Freedom. REFERENCES: 1. Army Regulation 600-8-104 prescribes policies governing the Army Military Human Resource Records Management Program per Department of Defense Instruction 1336.08. It states the term HOR means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. Official source documents include DA Form 71, active duty letter/order, appointment order, DD Form 4, or DD Form 1610 (Request and Authorization for TDY travel of DOD Personnel). It states: a. the HOR is used to determine travel entitlements when a Soldier separates from the military; b. the HOR can only be changed if there is a break in service of more than 1 day or to correct an error. Any change in connection with a break in service must be recorded on the DD Form 4 at reenlistment; and c. requests for changes to the HOR with complete justification, must be filed with the Army Board for Correction of Military Records. 2. The Joint Federal Travel Regulation provides 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 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 applicant's DA Form 71 shows that at the time he accepted his appointment as a second lieutenant, he was at the University of Wyoming. The University of Wyoming was his place of appointment not his HOR. 2. His DD Form 4, Orders 121-182, Order 4-1, Notification of Appointment, and DA Form 597-3 all show California as his HOR. According to the applicable regulation, his HOR can only be changed if there is a break in service of more than 1 day or to correct an error. Any change in connection with a break in service must be recorded. He has not shown an error or injustice in the HOR that is currently reflected on his ORB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009244 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2