BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160013211 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: 16 May 2017 DOCKET NUMBER: AR20160013211 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending U.S. Army Human Resources Command Orders R-08-589374, dated 17 August 2015, to show his home of record as the address in Riverview, Florida listed on his DD Form 214 for the period ending 30 August 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: 16 May 2017 DOCKET NUMBER: AR20160013211 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 two separate applications, correction of his record to show his home of record (HOR) as an address in Riverview, Florida, instead of an address in Wahiawa, Hawaii. 2. The applicant states: a. His HOR was incorrectly changed from an address in Riverview, Florida, to an address in Wahiawa, Hawaii. b. He was voluntarily separated from active duty on 30 August 2015 and on 31 August 2015, he entered the Active Guard/Reserve Program without a break in service. c. Army Regulation 600-8-104 (Army Military Human Resources Records Management), dated 7 April 2014, states the HOR can only be changed if there is a break in service of more than 1 day, and based on his understanding of the regulation, his HOR should not have been changed. d. He did not have a break in service and he believes the error occurred because the career counselor who drafted his contract was unaware of the applicable regulation. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 2015 * U.S. Army Human Resources Command Orders R-08-589374, dated 17 August 2015 * DD Form 4/1 and DD Form 4/2 (Enlistment/Reenlistment Document), dated 4 December 2008 * DD Form 4/1 and DD Form 4/2, dated 19 October 2012 * DA Form 3286-E (Statement of Enlistment), dated 19 October 2012 * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 10 October 2012 * Enlisted Record Brief CONSIDERATION OF EVIDENCE: 1. Having had prior service, the applicant enlisted in the Regular Army on 4 December 2008. At the time of his enlistment, he listed his HOR as an address in Riverview, Florida. 2. A review of the applicant’s military records shows the address in Riverview, Florida, as his HOR on every document contained therein except for U.S. Army Human Resources Command Orders R-08-589374, dated 17 August 2015, ordering him to active duty In the Active Guard/Reserve, which shows his HOR address as Wahiawa, Hawaii. 3. The applicant was released from active duty on 30 August 2015, at the completion of his required active service. His DD Form 214 shows the address in Riverview, Florida, as his HOR. 4. Every document in his official military record dated after his release from active duty that requires the use of his HOR also shows the address in Riverview, Florida, as his HOR. 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 service. 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 Department of Defense Personnel). This regulation also 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. Every document filed in the applicant's record from the time of his enlistment until the time the U.S. Army Human Resources Command Orders R-08-589374 were published ordering him to active duty in the Active Guard/Reserve shows his HOR as an address in Riverview, Florida. 2. U.S. Army Human Resources Command Orders R-08-589374, published on 17 August 2015, appear to be the only document in his official military record that refers to Wahiawa, Hawaii, as his HOR. 4. According to the applicable regulation, the HOR can only be changed if there is a break in service of more than 1 day or if there is evidence of an error. Any change in connection with a break in service must be recorded on the DD Form 4 at reenlistment. 5. There is no evidence that the applicant’s HOR has ever changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013211 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013211 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2