ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20170017202


APPLICANT REQUESTS:  correction of Item 7b (Home of Record At Time of Entry) of 
his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his 
actual home of record at the time of entry.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	Exhibit A Republic of India  (Passport)
*	Exhibit B Certificate of Naturalization 
*	Exhibit C State of Texas Driver’s License
*	Exhibit D Texas Association of Realtors – Residential Lease

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 his home of record at time of entry was Texas and not New 
York as reflected in his supporting documents.  His correct home of record at time of 
entry was 1### W- X____ X__, Apt 1__ X_____, TX  7__##.  He entered/resided in the 
United States since 2000 pursuing his Master’s Degree in Engineering at the Texas 
A&M University.  He established residence in Texas from the year 2000 to present date.  
He only visit New York temporarily to visit family where he got married and enlisted in 
the Army.  He bought his first home in Texas as shown in Exhibit C.

3.  The applicant provides:

*	Exhibit B Certificate of Naturalization  filed at San Antonio, TX
*	Exhibit C State of Texas Driver’s License reflecting Texas street addresses
*	Exhibit D Texas Association of Realtors – Residential Lease reflecting street 
address
4.  A review of the applicant’s service records shows:  

a.	He enlisted in the Regular Army (RA) on 9 June 2004.  The HOR listed on the 
DD Form 4 states:  10__ X____ X___ APT__, X____ NY.

b.	The Enlisted Record Brief dated 22 June 2005 reflects Home of Record, 
Brooklyn, NY.

	c.  He was honorably discharged from the RA on 30 September 2005.  He 
completed 1 year, 3 month and 22 days of active service.  DD Form 214 states:

*	block 7b (Home of Record at Time of Entry):  10__ X_____ APT, X____ NY

5.  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 found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Based upon the 
documentary evidence provided by the applicant and found within the military service 
record, the Board agreed that by a preponderance of the evidence the HOR currently 
reflected on the DD Form 214 accurately reflected the HOR at the time of his 
separation.

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 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170017202

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