ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20170002993


APPLICANT REQUESTS: correction of her Home of Record (HOR) listed on her DD 
Form 214 (Certificate of Release or Discharge from Active Duty) from Mississippi to 
Texas. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 ending on 14 August 2003

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 (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 the HOR was requested to be updated on DD Form 2058 (State 
of Legal Residence Certificate), to change it to "Texas", prior to activation to Active 
Duty.  This form though completed and signed was never properly processed.  The 
error should be corrected.

3.  Review of the applicant's records shows: 

	a.  The applicant's DD Form 1966 (Record of Military Processing), prepared in 
connection with the applicant's enlistment, shows the following: 

*	Item 4 (Current Address), an address in Clinton, Hinds County, Mississippi
*	Item 5 (HOR Address), the same address in Clinton, Mississippi

	b.  She enlisted in the U.S. Army Reserve on 24 June 1999.  Her DD Form 4 
(Enlistment/Reenlistment Document) shows the following entries:

*	Item 3 (Home of Record) of listed his HOR as the same address in Clinton, 
Mississippi
*	Item 4 (Place of Enlistment), Jackson Mississippi Military Entrance 
Processing Station (MEPS)

	c.  She was assigned to the 365th Combat Support Battalion, Jackson, MS.   

	d.  She entered active duty for training (ADT) on 5 February 2001 and completed 
training for award of a military specialty.  She was released from ADT on 5 April 2001.  
Her DD Form 214 shows in:

*	Item 7a (Place of Entry Into Active Duty) – Jackson, MS
*	Item 7b (Home of Record at Time of Entry (City and state, or complete 
address if known)) – Clinton, MS

	e.  She was ordered to active duty from Jackson, MS on 10 February 2003.  She 
was honorably released from active duty on 14 August 2003.  The DD Form 214 he was 
issued shows in:

*	Item 7a (Place of Entry Into Active Duty) – Jackson, MS
*	Item 7b (Home of Record at Time of Entry (City and state, or complete 
address if known)) – Jackson, MS

4.  By regulation (AR 635-5), the "HOR" is the place recorded as the HOR 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 service of at least 1 full day (Joint Federal 
Travel Regulations (JFTR), Volume 1, App 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.

5.  The JFTR 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows her HOR was listed in accordance with regulatory guidance on her 
separation document.  Her change of residence for tax purposes has no effect on the 
HOR in her record.  The Board agreed there was no error or injustice in this case.




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.  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 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.

3.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all 
personnel at the time of their retirement, discharge, or release from active duty.  Item 7 
of the DD Form 214 shows the place of entry onto active duty and HOR at time of entry.  
Item 7b shows the street, city, state and ZIP code listed as the Soldier’s HOR.  The 
"HOR" is the place recorded as the HOR 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 service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 
1, App 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.

4.  The JFTR 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170002993

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