ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  21 August 2019

	DOCKET NUMBER:  AR20170014041


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) change his home of record (HOR) from .

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
(DD Form 149 (Application for Correction of Military Record)

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, he moved to Albuquerque to join the military knowing he 
wanted to go active instead of reserve.  As soon as he got back from basic and advance 
individual training (AIT), he immediately asked for papers to be drawn up for active duty.  
He served his whole career in and lived there since.  All his children were born in 
was just a minor pit stop to and never his home.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the U.S. Army Reserve on 11 May 2007 in Albuquerque, New 
Mexico.  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the 
United States) shows his home of record at the time of enlistment as 1104 A_ L.__ Cir 
Albuquerque N.M. 

	b.  He entered active duty for training (ADT) on 20 June 2007 and completed 
required training for award of military occupational specialty 92G (Food Service 
Operations). 

	c.  He was released from ADT on 1 November 2007.  His DD Form 214 for this 
period of service shows in Block 7a (Place of Entry Into Active Duty) Albuquerque, New 
Mexico and in Block 7b (Home of Record) his HOR as .  

	d.  On 7 March 2008 he enlisted in the Regular Army (RA).  Block 3 of his RA 
Enlistment Contract (DD Form 4) shows his HOR as 

	e.  The applicant Enlisted Record Brief, dated 19 June 2009.  Section 9, 
Personal/Family data states his home of record as Albuquerque, New Mexico. 

	f.  On 5 February 2010 he reenlisted in the RA for 6 years.  Block 3 of his 
Reenlistment Contract (DD Form 4) states his home or record is 1104 A.__ L.__ Cir SE 
Albuquerque New Mexico, 87116.

	g.  The applicant was discharged from the Army on 1 February 2013.  His DD Form 
214 for this period of service shows his HOR in Block 7b as ". 

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:

1.  After review of the application and all evidence, the Board found relief is not 
warranted.  The applicant’s contentions were carefully considered.  His initial DD Form 
4 shows he entered active duty with the contested HOR.  Even after a break in service, 
he used the contested HOR upon reentry.  His DD Form 214 shows the contested HOR.  
The Board agreed there was no error or injustice in this case as he had the opportunity 
to change his HOR upon reentry if it was listed in error.



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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014041

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