IN THE CASE OF: 

		BOARD DATE:  14 February 2022

		DOCKET NUMBER: AR20210007907


APPLICANT REQUESTS: in effect, correction of his Officer Record Brief (ORB) to show 
his home of record (HOR) as requested on his DD Form 149 (Application for Correction 
of Military Record) (requested HOR) instead of the (contested HOR).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Orders A-07-700999 dated 6 July 2017
*	Order: 717-188-RE7-6 dated 7 July 2017
*	5 pages of Electronic mail (email) 
*	Officer Record Brief (ORB)

FACTS:

1. The applicant states, in effect, his HOR is incorrectly listed on his ORB. While he was 
born at the contested HOR listed, he has not been there since he was 2 years old. He 
joined the Army at the requested HOR and he needs his records corrected to reflect 
such in order to be eligible for specific benefits upon discharge.

2. The applicant is currently serving in the Regular Army (RA) in the rank of first 
lieutenant.

3. The applicant's Official Military Personnel File contains:

	a. Orders A-07-700999 issued by the U.S. Army Human Resources Command 
(AHRC) on 6 July 2017, ordered him to active duty for the Basic Officer Leader Course 
with a report date of 8 January 2018. The applicant was ordered to active duty from the 
requested HOR location.

	b. Order: 717-188-RE7-6 issued by AHRC on 7 July 2017, which appointed him in 
the RA to the rank of second lieutenant effective the date of the execution of his oath of 
office.

	c. Information which identifies him as a Merchant Marine Academy graduate.
4. The applicant provides emails showing he exhausted all possibilities to correct the 
error pertaining to the contested HOR present in his records. He further provides a copy 
of his ORB which lists the contested HOR.

5. The applicant's Official Military Personnel File, with the exception of his ORB, does 
not contain any evidence or documentation specifically identifying an HOR.

6.  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 1 full day, or it is determined by the Army 
Human Resources Command 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.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that the applicant attended and graduated from the Merchant Marine 
Academy, located in New Jersey, and commissioned as a 2LT. As the applicant was 
commissioned in New Jersey, in accordance with regulatory guidance, documentation 
correctly reflects the HOR. Further, his record is void evidence of a sufficient break in 
service to allow for a correction. Based on the preponderance of evidence available for 
review, the Board determined the evidence presented insufficient to warrant a 
recommendation for relief.
















BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:xx	:xx	:xx	DENY APPLICATION

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.


		  
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.


REFERENCES:

1. Army Regulation 635-8 (Separation Processing and Documents) provides the policies 
and procedures for separation documents. It states, in pertinent part, a Soldier's initial 
enlistment contract or appointment document is the source for this data. List the street 
address, city, state, and zip code listed as the Soldier's HOR. For Reserve Component 
Soldiers, the active duty order lists 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 
1 full day, or it is determined by the AHRC 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.

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 a 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 must not be a place selected for the convenience of the Soldier.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210007907


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1