ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20170015056 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 April 2010, to show his home of record (HOR) as an address in Texas APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Release or Discharge from Active Duty * Oath of Extension 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 that he reenlisted while serving at Fort Hood, Texas and his HOA doesn’t’ reflect this. 3. His service record shows: a. He enlisted in the Regular Army on 30 October 2001, and voluntarily extended for 4 months on 4 March 2002. The HOR on his enlistment contract, block 4, shows X____, Mississippi (MS). b. He was honorably discharged from active duty 27 February 2005. The HOR on his DD Form 214, block 7b, for this period shows Belzoni, MS. 4. The applicant provides: a. A DD Form 214 for the period ending 27 February 2005, shows his HOR as X____, MS. b. An Oath of Extension, dated 4 March 2002, shows the applicants HOR as X____, MS. 5. Army Regulation 635-8 (Separation Processing and Documents), 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. BOARD DISCUSSION: 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. He did not have a break in service during his period of military service. The Board agreed his DD Form 214 shows the contested HOR in accordance with regulatory guidance. 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. The Joint Federal Travel Regulation (JFTR) 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 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. It must not be a place selected for the convenience of the Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015056 3 1