IN THE CASE OF: BOARD DATE: 1 July 2022 DOCKET NUMBER: AR20220000449 APPLICANT REQUESTS: * To amend Orders Number 0314027, dated 4 November 2020, to reflect his physical address, not his mailing address * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement, dated 12 September 2021 * Rental Agreement and/or Lease, dated 1 April 2015 * Orders Number 0314027 issued by the Military Entrance Processing Station (MEPS), dated 4 November 2020 * Account Ledger, printed on 14 September 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 13 March 2022 FACTS: 1. The applicant states that Orders Number 0314027 issued by the Military Entrance Processing Station, dated 4 November 2020, should be amended to reflect Address A not Address B. a. On 4 November 2020, a few hours before shipping to Basic Combat Training at Fort Jackson, SC, he made an inquiry to his recruiter regarding the address on his orders and several other issues. The address listed was Address B, instead of Address A. He was advised the address would be corrected, if necessary, at . b. Upon his arrival at Fort Jackson, he was advised by the finance office to submit his lease. The issue of his mailing address versus his physical address on record was discussed with the intent to update his records. However, this update was not executed at the time. c. On 22 February 2020, he proceeded to advanced individual training at Fort Leonard Wood, MO, and submitted several requests. He also submitted a signed DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA)) due to his pay issues. Due to the short duration of training, he was advised to address the issue at his permanent unit. d. Upon arriving at his permanent unit in April 2021, he readdressed the issue. In September 2021, he was informed that without amended orders, he would not be eligible to receive Basic Allowance for Housing (BAH). Without receiving BAH, he fell further behind on rental payments during training as reflected on his landlord's accounts ledger. e. This situation has created a financial burden making it difficult to manage his financial obligations. 2. The applicant’s service record shows: a. On 8 October 2020, the applicant enlisted in the U.S. Army Reserve (USAR). DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), item 3 (Home of Record (HOR)) and DD Form 1966 (Record of Military Processing Armed Forces of the United States), item 4 (HOR) both show the applicant's HOR as Address B. b. DD Form 214, ending on 13 March 2022, shows the applicant was honorably released from active duty. (1) Block 7b (Home of Record at Time of Entry) – Address A. (2) Block 12a (Date Entered Active Duty This Period) – 23 October 2021. (3) Block 19a (Mailing Address After Separation) – Address A. 3. The applicant provides: a. Rental Agreement and/or Lease, dated 1 April 2015, showing the applicant's apartment address, city, state, and zip code as Address A. b. Orders Number 0314027 issued by the MEPS, dated 4 November 2020, ordered the applicant to initial active duty training. The address listed is Address B. c. Account Ledger, printed on 14 September 2021, showing all transactions (to include late fees and past due amounts) for Address A covering period 1 April 2015 through 3 September 2021. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing 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 hearing 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 warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence to amend the contested orders to show the address listed as his home of record on his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Orders Number 0314027 issued by the MEPS on 4 November 2020 to show his address as Address A and paying him and BAH difference because of this correction. 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. Department of Defense, Financial Management Regulation, Volume 7a (Military Pay Policy, Active Duty and Reserve Pay) prescribes the criteria for determining creditable service for military members; provides examples for computing valid creditable service; states periods of service that are not creditable for pay purposes; cites conditions for the payment of military pay entitlements; explains the computation of leave and conditions for leave accrual; and provides for situations where enlistments are not valid. a. Section 2.1.6 (Primary Residence for Reserve Component Member) states for a Reserve Component member ordered to active duty, the primary residence is the dwelling (e.g., house, townhouse, apartment, condominium, mobile home, houseboat, vessel) where the Reserve Component member resides before being ordered to active duty. b. Section 2.2.2 (Housing Allowance Start and Stop Dates) states that Table 26-4 specifies the date to start BAH or Overseas Housing Allowance for a Service member with a dependent. c. Section 2.2.2.1 (Start) states that unless specifically authorized elsewhere in this Chapter, permanent duty station housing allowance eligibility starts on a service member’s reporting day to a new permanent duty station. d. Section 2.2.2.2 (Stop) states that unless an extension is authorized or approved, or the permanent change of station (PCS) move is a close proximity move, the Family Separation Housing-BAH (FSH-B) allowances stop on any of the following: * The day the service member’s FSH-B lease ends * The day before the service member departs due to a PCS order e. Table 26-4 (Date to Start BAH or Overseas Housing Allowance for a Service Member with a Dependent) states that if a service member enlists, or is called to extended and is not assigned government quarters for themselves and their dependents on that date, then BAH at the with-dependent rate begins on the date of enlistment or entry on active duty. 2. Joint Travel Regulation prescribes policy and laws establishing travel and transportation allowances of Uniformed Service members and Department of Defense (DoD) civilian travelers. It also implements station and certain other allowances. Home of Record is the place recorded as the Service member’s home when commissioned, appointed, enlisted, inducted, or ordered to active duty. If there is a break in service of more than one full day, then the Service member may change the home of record. If there is a break in service of less than one full day, then the Service member may not change the home of record. A Service member may correct the home of record if, through a bona fide error, the place originally named at the time of entry into the Service was not the actual home. The correction must be justified, and the corrected home of record must be the Service member’s actual home upon entering the Service, not a different place selected for the Service member's convenience. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (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. //NOTHING FOLLOWS//