ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 29 October 2019 
DOCKET NUMBER: AR20170009807

APPLICANT REQUESTS: correction of the home of record (HOR) shown on his 
enlisted DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 
Texas vice Louisiana.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Deed of Trust
*	College Transcripts
   *	Affidavit 
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 (ABCMR) 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 his enlisted HOR was carried over to his commission HOR. He 
enlisted in New Orleans and commissioned in El Paso, Texas. His HOR needs to be 
correct as he has been a resident of Texas since 1998 when he was stationed at Fort 
Bliss, TX and started college there. Also, it is his current home and his kids live here. 
Having the wrong HOR denies him benefits offered as Veteran through the State of 
Texas.	He provides an affidavit, college transcripts, and a deed of trust, all showing 
Texas.

3.	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 Marrero, Jefferson County, Louisiana
*	Item 5 (HOR Address), the same address in Marrero, Louisiana



   b.	He enlisted in the Regular Army on 16 October 1997. His DD Form 4 
(Enlistment/Reenlistment Document) shows the following entries:

*	Item 3 (Home of Record) of listed his HOR as an address in New Orleans, 
Louisiana
*	Item 4 (Place of Enlistment), New Orleans Military Entrance Processing 
Station (MEPS)

   c.	He reenlisted in the Regular Army on 26 October 1999, while stationed at Fort 
Bliss, Texas.  His Reenlistment DD Form 4 also listed his HOR as an address in New 
Orleans, Louisiana, Regular Army on 17 February 2008. He swore his oath of 
enlistment at the Minneapolis MEPS, Fort Snelling, MN.

   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 discharged on 14 August 2000 to accept a commission. His 
(enlisted) DD Form 214 shows in:

*	Block 7a (Place of Entry Into Active Duty) – New Orleans, Louisiana
*	Block 7b (Home of Record at Time of Entry (City and state, or complete 
address if known)) – the same address shown on his enlistment and 
reenlistment contracts, in New Orleans, Louisiana

   f.	Without a break in service, he enlisted in the U.S. Army Reserve on 15 August 
2000, as a Reserve Officers’ Training Corps (ROTC) cadet, while stationed in El Paso, 
Texas. His ROTC DD Form 4 listed his HOR the same address shown on his 
enlistment and reenlistment contracts, in New Orleans, Louisiana.

   g.	On 22 April 2003, Headquarters, U.S. Army Cadet Command, published Orders 
112-12-A-247 ordering him to active duty, upon acceptance of appointment as a 
Reserve commissioned officer. The orders listed his mailing address in El Paso, Texas 
and his HOR in New Orleans, Louisiana.

   h.	He executed an oath of office on 10 May 2003, at the University of Texas, El 
Paso, and was appointed as a Reserve commissioned officer.

    i.	He entered active duty on 11 May 2003 and he was honorably released from 
active duty due to disability, with severance pay, on 15 May 2006. His (commissioned 
officer) DD Form 214 shows in:

*	Block 7a (Place of Entry Into Active Duty) – New Orleans, Louisiana
*	Block 7b (Home of Record at Time of Entry (City and state, or complete 
address if known)) – the same address shown on his enlistment and 
reenlistment contracts, in New Orleans, Louisiana



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.  His initial enlistment contract reflects New Orleans.  He was separated 
in and was appointed the very next day. There is no break in service. Any 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. Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found that New Orleans 
is the correct HOR and it is properly reflected on his DD Form 214.



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.

11/12/2019

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 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