ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20170005272

APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 June 1983 to show his home of record (HOR) as Texas instead of New York. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Leave and Earnings Statement for the month 1-31 May 1985
* Leave and Earnings Statement for the month 1-31 September 1983
* Letter of Support from the Veteran’s Administration date 18 September 1989
* Mortgage Statement from Wells Fargo Bank for the period November 2002 to May 2003
* Listing of old addresses

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 he would like to have the address on his DD Form 214 changed from 2xxxx Sxxxx Street, Brooklyn, NY, 11212 and replaced with the address, 9xxx Pxxxx Drive, X___ X___, Texas 7###.

3.  The applicant provides:

	a.  His Leave and Earnings Statements for the month of May 1985 and September 1988.  The leave and earnings statements show his address for the month of May at 6xxx Xxxxxx 126, X___, TX 7####.  His address for the September Leave and Earnings Statement is listed as 1xxx LxxxJxxx RD 66, Dallas, TX 75217. 

	b.  The Veterans Administration letter dated 18 September 1989 has a return address listed for the applicant at 2xxx Xxxxx RD, APT xxxx, X___  TX 7####.  
	c.  A bank statement for an Annual Escort Review Notice of his New Mortgage Payment from Wells Fargo Home Mortgage shows a return address of 4xxx Rxxxx Lane, Rose City, TX 75189.

	d.  A list of his old addresses.

4.  A review of the applicant’s record shows: 

	a.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 18 November 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement) listed his HOR as Brooklyn, New York. 

	b. His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows that at the time of his enlistment, he listed his home of records as an address in Brooklyn, NY. 

	c.  He was discharged from the DEP on 19 June 1979 and subsequently enlisted in the Regular Army on 20 June 1979.  He took his enlistment oath at the New York Armed Forces Examining and Entrance Station.  

	d.  His DD Form 214 shows he was honorably released from active duty on 17 June 1983.  Block 6 (Place of Entry into Active Duty), shows his "Brooklyn, NY" and in Block 19 (Mailing Address after Separation), it shows “address, Brooklyn, NY 11212.”

5.  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.

6.  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 review of the application and all evidence, the Board found relief is not warranted.  The applicant’s contentions were carefully considered.  His initial DD Form 4 shows he entered active duty with the contested HOR.  He did not have a break in service during his period of military service.  His DD Form 214 shows the contested HOR.

The applicant has not provided sufficient evidence to show he had a break in service of 1 full day and that his HOR was changed.  The HOR and place of entry into active duty entries on his DD Form 214 were listed in accordance with law and 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 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.

3.  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.

ABCMR Record of Proceedings (cont)	 AR20170005272
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