ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 February 2019

	DOCKET NUMBER:  AR20180004111


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 May 2018, to show his home of record (HOR) as Panama City, FL instead of Great Falls, MT.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Special Order number ACD-01323, dated 14 March 2014
* Application to Marry, Department of Heal and Vital Statistics  State of Florida Marriage Record, dated 24 March 2014
* AF Form 899 (Request and Authorization for Permanent Change of Station-Military)
* DD Form 214, separation date 28 May 2014
* DD Form 4 (Enlisted – Reenlistment Document Armed Forces of the United States), dated 9 June 2014
* Two, Enlisted Records Briefs (ERB)
* DFAS form 702 (Defense finance and Accounting Service Military Leave and Earnings Statement)
* Memorandum, Soldier and Family Assistance Center, dated 26 February 2018
* DD Form 214, separation date 15 May 2018
* copy, IPERMS Administration Record View

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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, in effect, he believes has all the proof necessary to prove his HOR should be FL.  He and his family are from Panama City, FL, however, at the time of his enlistment into the military his wife was station in Great Falls, MT.

3.  On 9 June 2014, the applicant enlisted in the Regular Army.  His record shows his HOR listed as Great Falls, MT on the following documents:

* DD Form 4
* DD Form 1966 (Record of Military processing-Armed Forces of the United States), dated 9 June 2014
* Enlisted Records Brief

4.  On 15 May 2018, the applicant was honorably discharged from active duty.  His DD Form 214 shows:

* Item 7a (Place of Entry Into Active Duty), Butte, MT
* Item 7b (Home of Record at the Time of Entry), Great Falls, MT 59405

5.  The applicant provides a memorandum, dated 26 February 2018, which states, in effect, his HOR was erroneously listed on his enlistment documents as Great Falls, MT.  His true HOR is Panama City, FL and he was living in Great Falls, MT because his wife was serving on active duty in the U.S. Air Force and she was stationed at Malmstorm Air Force Base (AFB) located in Great Falls, MT.

6.  The applicant's military record is void of evidence which shows his HOR listed as Panama City, FL.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The Board agreed the DD Form 214 shows the HOR IAW with Army regulation.



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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Personnel Separations), in effect at the time, provided the policies and procedures for separation documents.  It stated the HOR would be entered at the time of entry into active duty as shown on the enlistment or induction record regardless of the place physically located at the time of entry on active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Travel Regulations (JFTR), volume 1, Appendix A, Part I).  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.

3.  AR 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, governed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment.  Figure 6-1 (DD Form 1966 completion instructions) provided the following instructions for:

     a.  Item 3 (Current Address) - Enter street, city, county, state, country and zip code. 

     b.  Item 4 (HOR Address) - Enter the street, city, county, state, country and zip code.  Do not enter a temporary address. 

4.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program.  Table 11-1 (Instructions for Completing DD Form 4), defines the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  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.  Only if a break in service exceeds 1 full day can the HOR be changed by the member.

5.  The Joint Travel Regulations, Appendix A (Definitions and Acronyms), Part 1 provides that the HOR is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  There is no authority to change the HOR as officially recorded at time of entry into 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.

ABCMR Record of Proceedings (cont)	 AR20180004111
0

2


1