ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160016429 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge) to show in * item 7a (Place of Entry on Active Duty), El Paso TX, vice Kansas City, MO * item 7b (Home of Record (HOR)), El Paso, TX vice Lyons, KS APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Standard Form 93 (Report of Medical History) * DD Form 1966 (Record of Military Processing - Armed Forces of the United States) FACTS: 1. The applicant states the place of entry on active duty is listed as Kansas City, MO. It should be El Paso, TX. He enlisted in El Paso, and completed MEPS (Military Entrance Processing Station) in El Paso. He only went back to Kansas City briefly before shipping off to initial training in Fort Benning, GA. He was a TX resident at the time of my entry into military service. As for the HOR at the time of entry, he resided in El Paso, TX at the time entry into active duty. He listed his parents' address in Lyons, KS because he was instructed to do so. In summary, he lived in El Paso, and was a resident of the State of TX at the time of my entry into active service. 2. The applicant provides: a. Standard Form 93, that show he underwent an enlistment physical examination at El Paso MEPS. He listed his address in Alamogordo, NM. b. DD Form 1966 listing his address as Great Bend (Barton County), KS, and his HOR as Lyons (Rice County), KS. 3. Review of the applicant's service records shows: a. He enlisted in the U.S. Army Reserve under the Delayed Entry Program at the Kansas City, MO MEPS on 6 April 1998. (1) His DD Form 4 (Enlistment/Reenlistment Document) listed his HOR as Lyons, KS and place of enlistment as Kansas City, MO MEPS. (2) His DD Form 1966 shows he went to school between August 1980 and May 1992 in Lyons, KS. His mailing address is listed as Great Bend, KS and his HOR is listed as Lyons, KS. He held a NM driver's license expiring on 31 January 2001. b. He was discharged from the DEP on 8 July 1998 and enlisted in the Regular Army on 9 July 1998. He was sworn in at the Kansas City, MO MEPS. c. He served through multiple extensions or reenlistments. Each reenlistment contract listed the place of entry on active duty as the place where he reenlisted (such as Korea, Fort Hood, or Fort Lewis) but his HOR remained the same: Lyons, KS. d. A physical evaluation board found him physically unfit and recommended his placement on the temporary disability retired list. e. Fort Lewis Directorate of Human Resources published Orders 100-0008 on 10 April 2014 releasing him from active duty on 27 June 2014 and placing him on the TDRL effective 28 June 2014. The listed his HOR as Lyons, KS. f. He was honorably retired on 27 June 2014 and place don the TDRL. His DD Form 214 shows in item 7a Kansas City, MO as the place of entry on active duty and in item 7b Lyons, KS as the HOR. 4. By regulation (AR 635-8), block 7 reflects the place of entry on active duty and the home of record: a. Item 7a reflects the Place of Entry into Active Duty. A Soldier’s initial enlistment contract or order to active duty is the source document for this data. Enter the city and state where the Soldier entered active duty. Regular Army Soldiers enlisted Soldiers normally enter active duty at the military entrance processing station. b. Item 7b reflects the home of record. A Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by the Army. List the street address, city, state, and zip code listed as the Soldier’s home of record. This cannot be changed unless there is a break in active service of at least 1 full day, or it is determined by the Army to be factually incorrect. Home of record is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 5. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction. Any correction to a HOR must be based on evidence that a bona fide error was made. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the regulatory guidance on the subject and the applicant entering military service from the Kansas City, MO MEPS station and listing Lyons, KS on all documents within his service record, the Board found no injustice or correction required. 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 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 states block 7 of the DD Form 214 reflects the Place of Entry into Active Duty and Home of Record. a. Item 7a: Place of Entry into Active Duty. A Soldier’s initial enlistment contract or order to active duty is the source document for this data. Enter the city and state where the Soldier entered active duty. Regular Army enlisted Soldiers normally enter active duty at the military entrance processing station (MEPS). b. Item 7b: Home of Record. A Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command (HRC). List the street address, city, state, and zip code listed as the 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 be changed unless there is a break in active service of at least 1 full day, or it is determined by HRC to be factually incorrect. Requests to change home of record may be sent to usarmy.knox.hrc.mbx.tagd-emilpohelpdesk@ mail.mil. Home of record is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 2. The Joint Travel Regulation provides, 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. 3. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation 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 one full day. Only if a break in service exceeds one full day can the home of record be changed by the member. ABCMR Record of Proceedings (cont) AR20160016429 4 1