ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170003200 APPLICANT REQUESTS: correction of the home of record (HOR) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Wisconsin vice Minnesota. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * High School Transcripts * Voter information FACTS: 1. The applicant states he always lived in X---- X----- He provides transcripts from X---- High School in X----- as well as Voter registration card and information from the State of X-------. 2. 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 X------, X------- * Item 5 (HOR Address), the same address in X-----, X------- b. He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 12 January 2008. His DD Form 4 (Enlistment/Reenlistment Document) shows the following entries: * Item 3 (Home of Record) of listed his HOR as an address in X----- X------, X------ County, X----- * Item 4 (Place of Enlistment), Minneapolis MN Military Entrance Processing Station (MEPS) c. He was discharged from the DEP on 16 February 2008 and enlisted in the Regular Army on 17 February 2008. He swore his oath of enlistment at the X-------- MEPS, X-----, . d. He reenlisted on 1 January 2013 while assigned to the 173rd Airborne Brigade in Europe. His reenlistment contacts listed his HOR as the address shown on his DD Form 1966 in Deforest, Wisconsin. e. He was honorably released from active duty on 31 January 2015. The DD Form 214 he was issued shows in: * Item 7a (Place of Entry Into Active Duty) – X-------, X------- * Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) – an address in X---- X-----, 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 the contested HOR was used at the time of his enlistment. He executed an immediate reenlistment in which the DD Form 4 shows a different HOR. The reenlistment DD Form 4 was prepared incorrectly listing a different HOR as he did not have a break in service of at least one day or more. The Board agreed his DD Form 214 was completed in accordance with regulatory guidance. 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) AR20170003200 4 1