ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20170011983 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his home of record (HOR) from 17XX X_ CIR, San Jose, California 95131 to 371 X Apartment XXX, San Francisco, California 94133. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Rental agreement * Electricity Bill FACTS: 1. The applicant states, He has been living at 371 X Apartment 106, San Francisco, California, 94133. He used his parent’s current address as his mailing address because he wanted his parents to handle his mail while he was away for training. He realizes the order had the wrong address and he reported this to his recruiter before entering basic combat training. The applicant states the recruiter told him, his home of record address would be taken care of. However, when he arrived for training, the system and the order still showed the wrong address. He was not able to receive his basic allowance for housing (BAH) because of the wrong home of record address. 2. The applicant provided * Rental agreement effective 25 June 2016 reflecting address of XXX  X____, RM XXX, San Francisco, CA., 94133 * Electricity Bill at XXX X____, APT XXX, San Francisco, CA., 94133 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve on 12 October 2016 in Mountain View, California. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the a. United States) shows his home of record at the time of enlistment as 17XX X___ X___, San Jose, California, 95131. b. He was released from active duty training on 5 May 2017. His DD Form 214 for this period of service shows in Block 7a (Place of Entry into Active Duty) San Jose California and in Block 7b (Home of Record) his HOR as 17XX X___ X___, San Jose, California 95131. c. The applicant’s enlisted record brief, dated 8 May 2017 (Personal/Family Data) states his home of record as San Francisco. 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 warranted. The applicant’s contentions were carefully considered. The Board found the address on the lease agreement and utility bill provided by the applicant preceded the applicant's entry on to active duty. Based upon the preponderance of the evidence, the Board agreed the HOR entered at his time of enlistment was in error. 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 the Army records of the individual concerned be corrected by amending block 7b of his DD Form 214 for the period ending 5 May 2017 by showing his HOR as “XXX X___, Apt XXX, San Francisco, CA 94133.” 10/8/2019 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. 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. 1. 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. //NOTHING FOLLOWS//