ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  25 September 2020

		DOCKET NUMBER:  AR20200000062


APPLICANT REQUESTS:  correction of item 7b (Home of Record (HOR) at Time of 
Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the 
period ending 2 February 2004 to show her HOR as, instead of.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Settlement Statement, Prairie Title Services, dated 31 May 2002
*	DD Form 214, dated 2 February 2004
*	Letter, Department of Veterans Affairs, dated 25 October 2019

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  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.

3.  Army Regulation 601-280 (Army Retention Program) states the term "home of 
record" 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.  An HOR can only be changed 
if there is a break in service of more than 1 day or to correct an error.  Table 11-1 
(Instructions for completing DD Form 4) states home of record for members of the 
U.S. Army Reserve is the address the Soldier claims as a permanent address.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter 
the street, city, state, and zip code the Soldier claims as a permanent home of record.  
The term "home of record" means the place recorded as the home of the individual 
when commissioned, appointed, enlisted, inducted, or ordered to a tour of active duty.  
It is not necessarily the legal domicile as defined for income tax purposes.  The home of 
record is shown on an enlisted Soldier's service contract and on an officer's order to 
active duty.

5.  The Joint Travel Regulation states 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 the time of entry into the military service.  However, there 
is authority to correct an 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 may not be a place selected for the convenience of the Soldier.

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.
2.  The applicant states the HOR listed on her DD Form 214 is incorrect.  At the time 
she entered on active duty, she was living in her condominium in Chicago, IL.

3.  She was commissioned as a second lieutenant/O-1 in the U.S. Army Reserve on 
11 August 1995.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows her 
HOR as Burgettstown, PA.

4.  On 20 May 2002, she completed a U.S. Army Reserve Personnel Command 
Form 3725-E (Army Reserve Status and Address Verification) showing, as her correct 
address.

5.  U.S. Army Reserve Personnel Command Orders , dated 26 December, reassigned 
her from the U.S. Army Reserve Control Group (Reinforcement) to the 814th Military 
Police Company, Arlington Heights, IL, effective 26 December 2002.  The orders show 
her address.

6.  On 10 February 2003, she was ordered to active duty in support of Operation 
Enduring Freedom.  Her mobilization orders are not available for review.

7.  Headquarters, Fort McCoy, Orders , dated December , released her from active duty 
effective 2 February 2004.  The orders show her HOR as.

8.  On 2 February 2004, she was honorably released from active duty for completion of 
required active service.  Her DD Form 214 shows in:

*	item 7b (HOR at Time of Entry) – Burgettstown, PA
*	item 19a (Mailing Address after Separation) – Burgettstown, PA

9.  U.S. Army Human Resources Command Orders , dated May, honorably discharged 
her from the U.S. Army Reserve effective 10 May 2004.  The orders show her address 
as.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, a majority of the Board 
found that relief is warranted.

2.  The majority noted that prior to entering active duty in February 2003, the applicant 
had purchased a home at the address she states should be her HOR.  The majority 
agreed that correcting her DD Form 214 for the period ending 2 February 2004 to show 
the HOR she states is correct would be appropriate in light of the regulatory definition of 
HOR for members of the Reserve Components ordered to active duty.

3.  The minority member found insufficient evidence to support a recommendation for 
relief in this case.  The minority member noted that HOR recorded on the applicant's 
DD Form 214 was her HOR at the time of her initial entry into the U.S. Army Reserve, 
and she did not have a break in service of more than 1 day, as required by regulation. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:	:	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 item 7b of her 
DD Form 214 for the period ending 2 February 2004 to show her address as it is shown 
on U.S. Army Reserve Personnel Command Orders dated  December.
	 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) 	AR20200000062


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