ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20160017458 APPLICANT REQUESTS: correction of his records to show his home of record (HOR) as New Port Richey, FL instead of Oswego, IL. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Notarized Affidavit of Residence from his mother, dated 20 September 2016 * State of Florida Certificate of Live Birth, dated 29 January 1993 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 September 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 September 2016 with separation orders dated 6 June 2016 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 his HOR had not changed during his enlistment into active duty at the Tampa (FL) Military Entrance Processing Station (MEPS) in which he was residing at an address in New Port Richey, FL. 3. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows that at the time of his enlistment, the applicant listed as his HOR as an address in Oswego, IL. 4. The applicant enlisted into the United States Army Reserve (USAR) on 16 August 2007. His DD Form 4 shows his HOR as Oswego, IL. He authenticated the form with his signature. 5. The applicant was ordered to active duty for training on 30 August 2007. He was released from active duty training and transferred to his USAR unit on 23 January 2008. His DD Form 214, which he authenticated with his signature, shows in: * Block 7a (Place of Entry into Active Duty), the entry "Des Plaines, IL" * Block 7b (HOR at Time of Entry), the entry "Oswego, IL" 6. Another DD Form 1966 shows at the time of his enlistment, the applicant listed as his HOR as an address in Yorkville, IL. 7. The applicant enlisted in the Regular Army on 10 September 2009. His DD Form 4 shows his HOR as Yorkville, IL. He authenticated the form with his signature. 8. The applicant was honorably discharged on 2 September 2016. His DD Form 214, which he authenticated with his digital signature, shows in: * Block 7a, the entry "Tampa, FL" * Block 7b the entry "Oswego, IL" 9. A review of the applicant's record shows no evidence that he incurred a break in service at any time after his initial enlistment on 16 August 2007. 10. The applicant provides: a. An notarized "Affidavit of Residence", dated 20 September 2016 from his mother attesting that her son resided at an address in New Port Richey, FL at the time of enlistment at the Tampa, FL MEPS in 2009. b. A Certificate of Live Birth, which shows his place of birth as New Port Richey, FL. 11. Joint Federal Travel Regulation provides 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. It may only be change if 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. 12. Army Regulation 635-8 (Separation Processing and Documents), dated 10 February 2014, states to list the street address, city, state, and zip code listed as the Soldier’s home of record on the Soldier's initial enlistment contract or appointment document in block 7b. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and the affidavit of residence were carefully considered. The applicant’s place of entry on Active duty shows Florida, while his HOR shows Illinois. The birth certificate provided shows he was born in Florida, and his mother contends he entered Active duty while living in Florida. Based upon the preponderance for evidence, the Board agreed to recommend changing his HOR to mirror the state in which he was born as shown on the birth certificate, and place of entry on Active duty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 his DD Form 214 for the period ending 2 September 2016 by showing his Home of Record as New Port Richey, FL. 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 635-8 (Separation Processing and Documents), dated 10 February 2014, prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Block 7b states a Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by U.S. Army Human Resources Command (HRC). List the street address, city, state, and zip code listed as the Soldier’s home of record. For Reserve component (RC) Soldiers, the active duty order lists 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. 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. 3. The Joint Federal Travel Regulation provides 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017458 0 3 1