IN THE CASE OF: BOARD DATE: 14 February 2022 DOCKET NUMBER: AR20210009100 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), and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ORB - SHOWS CA * Marion Military Institute Official Student Copy Transcript * Driver History Abstract * Orders C-06-633166 dated 28 June 1996 * Orders 332-086 dated 27 November 1996 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) * Orders 240-171 dated 28 August 1998 * DA Form 71 (Oath of Office – Military Personnel) * National Guard Bureau Form 62E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) FACTS: 1. The applicant states, in effect, Department of the Army Pamphlet 600-8-104 (Army Military Human Resource Record Management), section 5-3, states "The term HOR 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." His basic active service date (BASD) for this relevant tour of active duty is 17 May 1998. He had not served one day on active duty until then. He signed his initial Reserve Officer Training Corps contract from the requested HOR but served in the Inactive Ready Reserve (IRR) after his commissioning in 1995. For the next three years prior to the start of his relevant tour of active duty, his HOR was the contested HOR and is highlighted in his supporting documents. In the three years prior to his BASD, he served as a member of the Army National Guard (ARNG) and transferred back to the IRR, all while the contested HOR served as his HOR. 2. The applicant is currently serving in the Regular Army in the rank of colonel. 3. The applicant's Official Military Personnel File contains: a. DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he enlisted in the U.S. Army Reserve for 8 years as a cadet on 28 August 1993. The document lists his HOR as the contested HOR. b. DA Form 71 (Oath of Office – Military Personnel) which shows he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 27 May 1995. c. Orders 240-171 issued by the 95th Adjutant General Battalion (Reception), Fort Sill, OK, on 28 August 1998, which lists his HOR as he requests. 4. The applicant provides: a. NGB Form 62E dated 1 September 1995, which lists his permanent home address as the requested HOR state. b. Orders C-06-633166 issued by the U.S. Army Reserve Personnel Center on 28 June 1996, which lists the requested HOR state. c. Orders 332-086 issued by the State Military Department, Office of the Adjutant General (requested HOR state), which separated him from the ARNG effective 1 January 1997. d. NGB Form 22 which list his requested HOR state as his mailing address after separation on 1 January 1997. e. Transcript and Driver History Abstract which list his requested HOR state. 5. 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. 6. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board is not necessary to serve the interest of equity and justice in this case. 2. 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 applicant’s initial enlistment document reflects the Home of Record as. Documentation available for review is void further documentation showing a break in service that would otherwise allow for a change in the home of record. 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 :X :X :X 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 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. 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. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009100 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1