IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220003519 APPLICANT REQUESTS: * correction of his Home of Record (HOR) to reflect * entitlement to backpay of Basic Allowance Housing (BAH) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 013-0264, 13 January 2022 * Orders Number 11-257-0252, 14 September 2018 * Orders Number 11-257-0252 (A1), 27 June 2019 * Orders Number 02-110-0001, 20 April 2021 * Master Settlement Statement, 5 February 2021 * Leave and Earnings Statements (LES) * Mortgage Loan Price Commitment Agreement, 10 December 2020 * Email communication * DA Form 4187 (Personnel Action), 20 January 2019 * Residential Lease/Rental Agreement, 7 June 2018 * DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and or Variable Housing Allowance (VHA) * Note, 13 December 2019 * Mortgage Loan Price Commitment Agreement, 11 November 2019 FACTS: 1. The applicant states that his military records incorrectly reflect his HOR as . He contests that he has made several unsuccessful attempts to have this corrected since 2018. This error has resulted in an incorrect entitlement to Basic Allowance Housing (BAH) rate as well as errors in his DD Form 214 (Certificate of Release or Discharge from Active Duty). His previous units of assignment have also failed to correct this information and the State is also unable to correct his HOR since he is no longer assigned to the Army National Guard (ARNG). Specifically, he would like all of his orders received since August 2018 corrected to reflect his correct HOR. 2. A review of the applicant's available service records reflects the following: a. On 23 February 2016, the applicant enlisted in the GAARNG for 8 years. DD Form 4 (Enlistment/Reenlistment Agreement – Armed Forces of the U.S.), item 3 (Home of Record) reflects b. On 22 June 2017, the applicant was ordered to active duty for training where he remained until 3 November 2017. DD Form 214, item 7a (Place of Entry into Active Duty) reflects item 7b. (HOR at time of Entry) reflects c. On 2 March 2021, GAARNG issued Orders Number 0001027435.00 facilitating the applicant's interstate transfer effective 18 February 2021. The orders show he was assigned to Detachment 1, D Company, 177th Military Intelligence, Savannah, GA. d. On 22 February 2022, the applicant was honorably released from the ALARNG and transferred into the U.S. Army Reserve Control Group (Annual Training). 3. The applicant provides the following: a. Orders Number 013-0264 dated 13 January 2022, reflective of the applicant being released from active duty effective 22 February 2022. Further review of these orders indicate that the applicant was assigned to a unit in NC with a HOR in and an Entrance Active Duty location in . b. Orders Number 11-257-0252 dated 14 September 2018, reflective of the applicant being ordered to active duty, effective 26 November 2018 for a period of 400 days, from an address in in support of Operation Freedom's Sentinel. The applicant's HOR reflects c. Orders Number 11-257-0252 (A1) dated 27 June 2019, reflective of Orders Number 11-257-0252 being amended to reflect a home address in rather than. No change to the applicant's HOR is reflected. d. Orders Number 02-110-0001 dated 20 April 2021, reflective of the applicant being ordered to active duty, effective 7 May 2021, for a period of 379 days in support of Operation Inherent Resolve. Further review of these orders indicate that the applicant was assigned to a unit in with a home address and HOR in e. Master Settlement Statement, 5 February 2021, reflective of the applicant's home address being in f. LES reflective of the applicant's pay and entitlements received for varying months between 2018 – 2021. Further review of the documents reflects that the applicant was receiving BAH entitlement's calculated based on the rate; Zip Code g. Mortgage Loan Price Commitment Agreement, dated 10 December 2020, reflective of the applicant's 15-year loan agreement pertaining to a property address in h. Email communication reflective of the applicant's attempts to have his BAH entitlements corrected for the period of 2018 – 2021. The applicant was advised that he needed to have his home station address corrected in order for his BAH rate to be changed. This appears to be what prompted the amended order reflected in paragraph 3c. above. i. DA Form 4187 dated 20 January 2019, reflective of the applicant's approved request to change his home address to reflect an address in j. Residential Lease/Rental Agreement, dated 7 June 2018, reflective of the applicant's lease agreement to occupy a property in from 1 August 2018 – 31 July 2019. This document appears to be amended by the Lessor to reflect a lease term from 1 August 2019 – 31 July 2020. k. DA Form 5960 reflective of the applicant's request to start his BAH with dependents entitlements effective 11 August 2018 for a duty location in. Item 10 (Dependents) reflects the rental address in l. Note, 13 December 2019, reflective of the applicant's obligation to pay $360.96 per month for a property in m. Mortgage Loan Price Commitment Agreement, dated 11 November 2019, reflective of the applicant's "Mortgage Choice" loan agreement for the property in 4. A review of the applicant's DA Form 5016 (Chronological Statement of Retirement Points) is void of evidence reflective of a break in the applicant's military service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board noted that home of record and the location for which one receives BAH are not related. The Board further noted that the home of record documented upon initial enlistment can only be changed if there is a break in service of 1 day or more. The applicant provided address as his home of record when he enlisted in 2016, and the Board determined there is no basis for changing the record to reflect a different address. 3. The Board found insufficient evidence indicating the applicant’s BAH was paid at an incorrect rate. In the absence of additional documentation demonstrating an error, the Board determined the portion of his request pertaining to BAH should be denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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 600-8-104 (Army Military Human Resource Records Management), Chapter 5 (Updating Data Related to the Record Brief) provides that the term "Home of Record (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 duty. Official source documents include DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), or DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel) (used for effective date only). 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. 2. Department of Defense Finance Management Regulation (DOD FMR) and the Joint Federal Travel Regulation (JFTR) provide that a Service member on active duty entitled to basic pay is authorized a housing allowance based on his or her grade, rank, location, and whether he or she has any dependents. For a Reserve Component (RC) member ordered to active duty, the primary residence is the dwelling (e.g., house, townhouse, apartment, condominium, mobile home, houseboat, vessel) where the RC member resides before being ordered to active duty. An RC member called or ordered to active duty in support of a contingency operation is authorized BAH based on the primary residence beginning on the first day of active duty. This rate is authorized even for duty of 30 or fewer days. This rate continues for the duration of the tour unless the RC member is authorized Household Goods (HHG) transportation, in which case the rate for the PDS would apply on the day the RC member reports to the Permanent Duty Station (PDS). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003519 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1