ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170008875 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 November 2017 to show her home of record (HOR) as Alabama instead of Georgia. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 2006 * Orders C-02-701726, dated 3 February 2017 * Orders C-02-790958, dated 3 February 2017 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 she was a friend of a recruiter in Georgia who assisted her in the Army program "Try It for a Year." Then she was told about the Army Guard Reserve (AGR) and that a position was available in her hometown of Birmingham, AL, which she accepted. Her home of record has always been Alabama and the available veterans' benefits are greatly different between the States of Alabama and Georgia. 3. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows that at the time of her enlistment, the applicant listed as her HOR as an address in Birmingham, Alabama. 4. The applicant enlisted in the Regular Army on 16 July 1996. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her HOR as an address in Birmingham, AL. She authenticated the form with her signature. 1. 5. The applicant was honorably discharged on 15 January 2006. Her DD Form 214, which she authenticated with her signature, shows in: * Block 7a (Place of Entry into Active Duty), the entry "Gunter, AL" * Block 7b (HOR at Time of Entry), the entry "Birmingham, AL" 6. The applicant enlisted in the United States Army Reserve (USAR) on 23 April 2007. Her DD Form 4 shows her HOR as an address in College Park, GA. She authenticated the form with her signature. 7. The applicant was honorably retired on 30 November 2017. Her DD Form 214, which she authenticated with her digital signature, shows in: * Block 7a, the entry “College Park, GA” * Block 7b, the entry “College Park, GA” 8. A review of her record shows a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) dated 26 July 2016 that shows the applicant had a break in service from 16 April 2006 through 22 July 2007, a period of 1 year and 7 days. 9. The applicant provides two orders issued by U.S. Army Human Resources Command, both dated 3 February 2017 wherein she circles the HOR entry of College Park, GA on one and the other wherein she circles her date initially entered military service entry of 27 December 1995. 10. 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. 11. 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based the documentary evidence provided and found within her military personnel file, the Board concluded that the information currently on the DD Form 214 of the applicant accurately reflects the information within the record. 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. 4/22/2019 X CHAIRPERSON Signed by: 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 635-8 (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.