ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20170006240


APPLICANT REQUESTS: correction of Item 7b (Home of Record at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her actual home of record (HOR) at the time of entry as El Paso, TX vice Los Angeles, CA. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Birth – EL Paso County EL Paso, Texas
* DD Form 4 (Enlistment of Reenlistment Agreement – Armed Forces of the United States)
* Enlistment/Travel Order No.  108-3

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 her home of record at time of entry be changed to reflect 
EL Paso as her HOR.  She was in Los Angeles with her husband and went back on active duty.  The clerk at the reception station made the mistake by entering 
Los Angeles, CA as her HOR.  She was born in Texas and it was always her intention to buy a home in Texas.  Her plan was to settle down in the state of Texas once she completed her term in the military.  When she signed her DD Form 214, she didn’t know that having California as her HOR would present a problem.  It was not until she went to get a home loan and her youngest child was trying to access the Texas Veterans Benefit for tuition assistance that this became a problem.  She is unable to secure both because her HOR incorrect.

3.  The applicant provides:

* Certificate of Birth – EL Paso County EL Paso, TX
* DD Form 4 dated 15 May 1978, reflects place of enlistment as San Antonio, TX
* Enlistment/Travel Order No. 108-3 dated 26 May 1978 reflecting basic combat training travel to Fort McClellan, AL.

4.  A review of the applicant’s service records shows:  

	a.  She enlisted in the Regular Army (RA) on 26 May 1978.  The HOR listed on the 
DD Form 4 states in item 5 (HOR) Austin, TX.

	b.  Complete circumstances surrounding her discharge are not available for review.  However, she was honorably discharged from the RA on 7 August 1981.  Her DD Form 214 shows in item 6 (Place of Entry into Active Duty):  San Antonio, TX, similar to what her enlistment record shows.

	c.  After a break in service, she enlisted in the RA on 8 May 1986.  The HOR listed on the DD Form 4 states in item 3 (HOR) Los Angeles, CA

	d.  Her DA Form 2-1 (Personnel Qualification Record) dated 31 May 1990 reflects: 

* item 23:  (Place of Birth and Citizenship), EL Paso, TX
* item 25:  (Home of Record/Address), left blank

	e.  She was honorably discharged from the RA on 25 April 2003.  Her DD Form 214 shows in item 7b (Home of Record at Time of Entry) Los Angeles, CA, similar to what her second enlistment record shows.

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 reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the applicant listing her home of record as Los Angeles, CA on the DA Form 4, in Item 3, and there was no break in service after that term of enlistment, the Board found the home of record reflected on the last DD Form 214, dated 25 April 2003, was correct.

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.

ABCMR Record of Proceedings (cont)	 AR20170006240


4


1