ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2019 DOCKET NUMBER: AR20170009002 APPLICANT REQUESTS: correction of her home of record (HOR) from Miami, FL to Panama City, Panama on her separation orders. Also, include her HOR on her retirement orders. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * Separation Orders, No. 314-0012 * DD Form 214 (Certificate of Release or Discharge From Active Duty) (2) * Separation Orders, No. C-09-396678 * Retirement Orders, No. C-09-313008 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: a. Since retirement, she has encountered several hardships to include medical, social and financial issues which have not allowed her to settle down and request changes to her HOR. b. She believes her home of record (HOR) is incorrect on her separation orders and is not included on her retirement orders. She states that on both orders, her HOR should reflect Panama City, Panama vice Miami, Florida. 3. A review of the applicant’s service records shows: a. She enlisted in the Regular Army (RA) on 17 September 1991. The HOR listed on the DD Form 4 states: St1 X___ X___ 1XX, Republic of Panama. b. On 12 December 1995, she reenlisted in the RA for 3 years. The HOR listed on the DD Form 4 states: St1 X___ X___ 1XX, Republic of Panama. c. On 13 November 1997, she reenlisted in the RA for 3 years. The HOR listed on the DD Form 4 states: St1 X___ X___ 1XX, Republic of Panama. d. She was honorably discharged from the RA on 12 November 2000. She completed 9 years, 1 month and 26 days of active service. DD Form 214 states: * Block 7b (Home of Record At Time of Entry: ST1 X___ X___ 1XX, Republic of Panama e. On 3 October 2001, the applicant enlisted in the Army Reserve for 6 years. The HOR listed on her DD Form 4 and DD Form 1966 (Record of Military Processing – Armed Forced of the United States) is: * Block 4 (Home of Record Address): 232 X___X___, Pensacola, X___, FL, XXXXX f. On 10 May 2007, she reenlisted in the Army Reserve indefinitely. The HOR listed on the DD Form 4: * Block 3 (Home of Record Address): 2XXXX SW X___X___, H_____, FL 3XXXX. g. Separation Orders, No. C-09-313008, dated 13 September 2013, state the applicant was attached to Fort Lee for separation processing. Also, the order states Miami, FL as the HOR h. She retired from the Army Reserve on 31 March 2014. Her separation orders, No. C-09-396678, state she competed 20 years and 21 days of net active service. i. The most current Enlisted Record Brief on file, dated 1 April 2014 states her HOR as Miami, FL. 4. By law and regulation, the HOR is the place recorded as the home of the individual at the time of enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service. Any correction to a HOR must be based on evidence that a bona fide error was made. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the information on the applicant’s DD Form 4, dated 12 December 1995, the Board found that the applicant’s home of record reflected on her separation order was an error which warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by amending HRC Order #C-09-313008 to show her home of record as Panama City, Panama. 12/2/2019 X CHAIRPERSON Signed by: X 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 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 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. a. Table 5-1 provides for instructions for completing the DD Form 4 (Enlistment/Reenlistment 3. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and Army National Guard for enlistment per Department of Defense Instruction 1304.26. a. Table 6-1 provides instructions for completing the DD Form 1966. For item 4 (Home of Record Address), enter street, city, county, State, country, and zip code. Do not enter a temporary address. Address must be in the United States or a U.S. territory. b. Paragraph 6-13 (Preparation of DD Form 4) states the DD Form 4 establishes a legal relationship between the U.S. Government and the enlisted member. Special care will be taken to see that all items are correct, without strikeover. 4. Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states: a. Soldiers on transportation entitlements. Soldiers will be provided with travel and transportation allowances to their home of selection (if applicable), HOR, or place from which entered on or ordered to active duty. b. As for the HOR, a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command (HRC). 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 active service of at least 1 full day, or it is determined by HRC to be factually incorrect. Requests to change HOR may be sent to usarmy.knox.hrc.mbx.tagd-emilpohelpdesk@mail.mil. HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. c. The Joint Travel Regulations provide, 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