IN THE CASE OF: BOARD DATE: 23 October 2020 DOCKET NUMBER: AR20200002268 APPLICANT REQUESTS: correction of blocks 7a (Place of Entry into Active Duty) and 7b (Home of Record at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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) * Letter, Applicant, dated 27 November 2019 * Orders A-09-004124, U.S. Total Army Personnel Command, St. Louis, MO, dated 4 September 2001 * Deed of Trust, Applicant, dated 21 September 2001 * General Warranty Deed with Vendor's Lien, Applicant, dated 21 September 2001 * Disclosure Notices, Applicant, undated * Note, Applicant, dated 21 September 2001 * Real Property Tax Statement 2001, Bexar County, Texas * Individual Income Tax Return, Missouri Department of Revenue 2001 * DD Form 214 Worksheet * DD Form 214 * Notice of Eligibility Texas Veterans Housing Assistance Program, dated 6 April 2006 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 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. A home of record 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 (Completing the DD Form 214) provided detailed instructions and source document(s) for completing each block of the DD Form 214. For block 7 (Place of Entry onto Active Duty and Home of Record at Time of Entry) a Soldier's initial enlistment contract or appointment document is the source for this data. a. For block 7a – Enter the city and state where the Soldier entered active duty. b For block 7b – Enter the street, city, state, and Zip code listed as a Soldier's home of record. "Home of record" is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. This cannot change unless there is a break in service or at least 1 full day. Home of record is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career. 4. The Joint Travel Regulation states the home of record is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the home of record as officially recorded at the time of entry into the military service. However, there is authority to correct a home of record if erroneously entered on the records at that time and then only for travel and transportation purposes. Correction of the home of record must be based on evidence that a bona fide error was made and the home of record 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 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: a. He became aware of the errors on his DD Form 214 in November 2019 while in the process of trying to take advantage of the Texas Hazelwood Act to help pay for his daughter's college expenses. He was told he would have to correct his DD Form 214 to qualify as a Texan veteran. b. His initial DD Form 214 Worksheet indicated San Antonio, TX, as his home of record at the time of entry onto active duty, and he is not sure why it was changed on his final DD Form 214. c. He has attached several documents to establish his home of record and place of entry onto active duty as San Antonio, TX. He was going to school in Springfield, MO, and graduated in 2001. He went to Fort Leonard Wood, MO, to get his initial orders published for active duty. His orders show he was to report to Fort Sam Houston, TX, on 27 September 2001. He and his wife closed and occupied their first house in San Antonio, TX, on 21 September 2001. His Missouri State Income Tax records indicate they had ended their Missouri residency by 23 September 2001. d. If his home of record at the time of entry onto active duty cannot be supported, he believes the place of entry onto active duty should at least be changed to San Antonio, TX. 3. He enlisted in the Army Reserve Control Group (Reserve Officers' Training Corp (ROTC)) on 27 August 1992. His DD Form 4 shows his home of record as Harrison, AR. 4. His DA Form 597-A-R (Addendum to Army Senior ROTC Cadet Contract), dated 8 September 1994, shows his home address as Harrison, AR. 5. His Standard Form 88 (Report of Medical Examination), dated 30 June 1995, shows his home address as Harrison, AR. 6. His DA Form 61E (Application for Appointment), dated 28 August 1995, shows his permanent address and current mailing address as Harrison, AR. 7. The Headquarters, U.S. Army Fourth Region (ROTC), U.S. Army Cadet Command memorandum, dated 10 May 1996, subject: Appointment as a Reserve Commissioned Officer of the Army, shows his address as Harrison, AR. 8. His DA Form 71 (Oath of Office – Military Personnel), dated 10 May 1996, shows he completed his oath as a Reserve Commissioned Officer and was sworn in at Arkansas State University in Jonesboro, AR. 9. His U.S. Army Fourth Region (ROTC), U.S. Army Cadet Command Orders 6-02, dated 13 May 1996, discharged him from the U.S. Army Reserve to accept a commission in the U.S. Armed Forces, effective 10 May 1996. He was selected for Reserve Duty. 10. The U.S. Army Fourth Region (ROTC), U.S. Army Cadet Command Orders 222-3, dated 9 August 1996, reassigned him to the U.S. Army Reserve Control Group (Annual Training). His address is shown as Harrison, AR. 11. The Total Army Personnel Database-Reserve shows his address was updated on 22 February 2000 to San Antonio TX. 12. His U.S. Total Army Personnel Command, St. Louis, MO, Orders A-09-004124, dated 4 September 2001, ordered him to active duty to fulfill his active duty commitment, with a reporting date of 27 September 2001, and he was to report to Fort Sam Houston, TX. His address is shown as Springfield, MO. 13. His documents related to the purchase of his home in San Antonio, TX, show he purchased his home on 21 September 2001. 14. His Individual Income Tax Return, Missouri Department of Revenue, dated 2001, shows his residence in Missouri from 1 January 2001 through 23 September 2001, and his residence in Texas from 24 September 2001 through 31 December 2001. 15. His DD Form 214 Worksheet shows in: * item 7a – Springfield, MO * item 7b – San Antonio, TX * item 19a (Mailing Address After Separation) – San Antonio, TX 16. He was honorably discharged on 26 September 2005. His DD Form 214 shows in: * item 7a – Springfield, MO * item 7b – Springfield, MO * item 19a (Mailing Address After Separation) – San Antonio, TX BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board found the record confirms the applicant was living in Springfield, MO, when he was ordered to active duty in 2001. The Board noted the applicant did buy a home in San Antonio, TX, prior to entering active duty on 26 September 2001, but the Board found that fact insufficient to demonstrate that the Springfield, MO, address was not the home of record at the time of entry or was not the place of entry into active duty. The Board determined there is insufficient evidence to support a recommendation to change the entries in items 7a and 7b of the applicant's DD Form 214 for the period ending 26 September 2005. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002268 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1