IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014481 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014481 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. ___________x______________ CHAIRPERSON 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. IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014481 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 July 2015 to show his home of record (HOR) as his address in Houston, TX. 2. The applicant states he had requested his permanent address and HOR be changed to Texas since his family moved to Texas during his basic training; however, he did not know it was not updated on his DD Form 214. 3. The applicant provides: * DD Form 214 * Defense Finance and Accounting Service Military Leave and Earnings Statement for the period 1-30 June 2015 * Texas driver’s license * social security card * voter registration certificate * Colorado insurance card * tax collector’s receipt for Texas title application/registration/motor vehicle tax CONSIDERATION OF EVIDENCE: 1. During the applicant's enlistment processing, he completed a DD Form 1966 (Record of Military Processing), dated 10 July 2013. Section I, item 3 (Current Address) and item 4 (HOR) shows an address in Oklahoma. 2. The applicant's DD Form 4 shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 10 July 2013. Item 3 (HOR) of this form shows an address in Oklahoma and item 4 (Place of Enlistment/Reenlistment) also shows an address in Oklahoma. 3. He enlisted in the Regular Army on 3 September 2013. 4. On 15 July 2015, he was honorably discharged due to hardship. The DD Form 214 issued for this period shows his place of entry on active duty as Oklahoma City, OK, and his home of record as an address in Oklahoma. 5. The applicant provides documents that show he is currently a resident of Texas and has paid state taxes for Texas. REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. This regulation states: a. The HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. b. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. c. The HOR is not always 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 Regulations provide, in part, 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. DISCUSSION: 1. The applicant contends that his HOR on his DD Form 214 is incorrect and should reflect Houston, TX. 2. The evidence of record shows the applicant enlisted in Oklahoma and provided an Oklahoma address as his HOR. 3. He was honorably discharged on 15 July 2015. The DD Form 214 issued for this period shows his place of enlistment as Oklahoma City, OK, and his HOR as an address in Oklahoma. 4. To change the HOR there must have been a factual error in the preparation of the entrance forms or a break in service of at least one full day. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014481 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014481 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2