ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 August 2019

	DOCKET NUMBER:  AR20170018227


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) ending on 21 June 2004 to show his Home of Record 
(HOR) as Texas vice North Dakota.

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 changed his legal residence to Texas in 1996.  This has 
been reflected on his Leave and Earnings Statement (LES) since that time. 

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), #XX X__ Avenue, X____, XX #####, Mercer 
County
*	Item 5 (HOR Address), #XX X__ Avenue, X____, XX #####, X____ County 
*	Item 25 (Residence) #XX X__ Avenue, X____, XX #####, X____ County

	b.  He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) 
on 28 January 1989.  His DD Form 4 (Enlistment/Reenlistment Document) shows the 
following entries:

*	Item 3 (Home of Record) of listed his HOR as 4XX X__ Avenue, X____, 
####, X___ X___
*	Item 4 (Place of Enlistment), Fargo, ND Military Entrance Processing Station 
(MEPS)

	c.  He was discharged from the DEP on 19 September 1989 and enlisted in the 
Regular Army on 20 September 1989.  

	d.  He reenlisted on 26 May 1994, 18 June 1998, and 7 August 2003, while stationed 
at Fort Bragg, NC.  Each of his reenlistment contacts listed his HOR as ### X__ 
Avenue, X____, XX #####, X____ County.

	e.  On 10 may 2004, he submitted a DA Form 61 (Application for Appointment).  He 
indicated his place of birth was in X____, XX (X____ County) and his address at the 
time was in X____, XX.

	f.  He was honorably discharged on 21 June 2004 to accept a commission or 
warrant officer of the Army.  The DD Form 214 he was issued shows in:

*	item 7a (Place of Entry Into Active Duty) – Fargo, ND
*	Item 7b (Home of Record at Time of Entry (City and state, or complete 
address if known)) – #XX X__ Avenue, X____, XX #####, X____ County

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 determined that 
relief was not warranted.  Based upon all enlistments and commission documents of the 
applicant consistently showing North Dakota as the home of record of the applicant and 
the Board finding insufficient evidence that the applicant attempted to change his home 
of record to Texas during any period of service, the Board concluded that relief was not 
warranted.

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.


ABCMR Record of Proceedings (cont)	 AR20170018227

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