BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170004591 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 BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170004591 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. BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170004591 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 entered military service he was working temporarily in Las Vegas, NV; his permanent residence was in San Antonio, TX. 3. The applicant provides copies of a: * DA Form 4187 (Personnel Action) * request for change of HOR * Enlisted Record Brief * Texas Driver License * enlistment reservation CONSIDERATION OF EVIDENCE: 1. The applicant had prior honorable active duty enlisted service in the U.S. Air Force from 2 June 1986 through 8 February 1990. The DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was issued shows in item 7b (HOR at Time of Entry), in part, "Denver, CO 80222." 2. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), prepared by a recruiter on 12 January 2009 during the applicant's processing for entry into military service, shows in – * item 3 (Current Address): "#### S. Pavilion Center Drive, Unit ####, Las Vegas, NV 89135" * item 4 (HOR): "#### S. Pavilion Center Drive, Apartment ####, Las Vegas, NV 89135" * item 14 (Valid Driver's License, if "Yes" list State, number, and expiration date), he indicated "Yes" and entered "NV, ########, 16 February 2012" * item 15 (Place of Birth): a. The applicant and a recruiter each placed their signature on the form on 12 January 2009. b. The applicant (in the presence of a witness) recertified the information on the form on 28 January 2009. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 28 January 2009 for a period of 4 years. a. Item 3 (HOR) shows the entry, "#### S. Pavilion Center Drive, Apartment, Las Vegas, NV 89135." b. The applicant, a service representative, and the officer administering the oath each placed their signature on the form. c. On 25 October 2012, the applicant extended his 4-year enlistment obligation for a period of 14 months to meet contingency deployment conditions. 4. A DD Form 4 shows the applicant reenlisted in the RA on 22 August 2013 for a period of 4 years. a. Item 3 shows the entry, "#### S. Pavilion Center Drive, Unit, Las Vegas, NV 89135." b. The applicant, a service representative, and the officer administering the oath each placed their signature on the form. 5. A DD Form 4 shows the applicant reenlisted in the RA on 5 October 2015 for a period of 2 years. a. Item 3 shows the entry, "#### S. Pavilion Center Drive, Apartment, Las Vegas, NV 89135." b. The applicant, a service representative, and the officer administering the oath each placed their signature on the form. c. On 3 June 2016, the applicant extended his 2-year reenlistment obligation for a period of 11 months to meet service retention requirements for assignment. 6. In support of his application the applicant provided the following documents. a. An enlistment reservation, dated 12 January 2009, and a DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program), dated 28 January 2009 (page 1, only), pertaining to the applicant's 4-year enlistment in the RA for training in military occupational specialty 68W (Health Care Specialist) with a U.S. Army Cash Bonus of $4,000. b. Texas Driver License, issued to the applicant on 24 February 2016 with an expiration date of 16 February 2022. It shows his address as "#### Koehler Road, Suite ####, Fort Sam Houston, TX 78234." c. His Enlisted Record Brief, dated 6 October 2016, that shows in Section IV (Personal/Family Data), HOR: "Las Vegas, NV." d. Headquarters, U.S. Army School of Music, Virginia Beach, VA, memorandum, dated 23 November 2016, subject: Request for HOR Change, addressed to the Commander, U.S. Army Human Resources Command (HRC). The applicant wrote: "Request my HOR be changed to '#### Koehler Road, Suite ####, San Antonio, TX 78234'. At the time of my entry into military service I was working temporarily with (and laid off from) an advertising agency in Las Vegas, NV. The [sic] Las Vegas, NV was the address that was submitted as my home of record even though I have no intentions of ever returning to that address. My new requested address is where I plan to return once I retire." e. DA Form 4187, dated 2 December 2016, that shows the applicant requested a change to his HOR from Las Vegas, NV to San Antonio, TX. It also shows, on 11 January 2017, the company commander recommended approval. 7. In the processing of this case, an Army Review Boards Agency official sent an email message to the applicant to obtain a copy of any documents he may have received from HRC pertaining to his request to change his HOR. The applicant responded, in pertinent part, "I haven't received a response from HRC that I know of, at least not directly anyway. What additional information is needed?" 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. Department of the Army Pamphlet 600-8-104 (Army Military Human Resource Record Management) provides operational procedures and guidelines for the military human resource record within the Army. Chapter 5 (Updating data related to the record brief), paragraph 5-3 (HOR), the term "home of record" is 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 (Oath of Office), active duty letter/order, appointment order, DD Form 4, or DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel) (used for effective date only). a. Home of record is used to determine travel entitlements when a Soldier separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, or any of the other privileges of State residency. b. Home of record 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. Corrections to erroneous home of record information in personnel systems can be addressed within the Soldier's Resource Management (RM) office. RM offices must submit a trouble ticket with a copy of the DD Form 4/DD Form 1966 to the Army Human Resources System help desk at: peoeis.pdahrs.emilpo.helpdesk@us.army.mil. c. If request to change home of record is denied using procedures in paragraph 5-3b (above), the request with complete justification must be filed with the Army Board for Correction of Military Records (ABCMR). The Soldier must submit a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) to Army Review Board Agency, 251 18th Street South, Suite 385, Arlington, VA 22202–3531. DISCUSSION: 1. The applicant contends that the HOR in his military service records should be corrected because he was temporarily working in Las Vegas, NV, when he enlisted in the U.S. Army in January 2009. 2. A Record of Military Processing was completed as part of the applicant's enlistment processing. It shows he acknowledged living in Las Vegas, NV, and he had a valid Nevada driver's license (with an expiration date of 16 February 2012). The applicant certified the accuracy of this information on 12 January 2009 and he recertified the validity of the information again on 28 January 2009. a. Item 3 of the applicant's initial DD Form 4 shows his HOR was recorded as "Las Vegas, NV 89135." b. Item 3 of two subsequent DD Forms 4 show his HOR was recorded as "Las Vegas, NV 89135." c. There is no evidence of record that shows he had a break in active service during the period of service under review. d. The evidence of record shows the applicant submitted a request to HRC to change his HOR in November 2016 and he indicated that he had not received a direct response from HRC. There is no evidence of record that shows HRC approved a correction of his HOR. Based on his request to this Board, it is reasonable to conclude that his request was denied by HRC and that he received notification of the HRC decision through his chain of command. 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 (1) full day can the HOR be changed by the member. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004591 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004591 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2