ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20180001105


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his Home of Record (HOIR) at Time of Entry on 
Active Duty as "##XX X___ D___, Corpus Christie, Texas 78416" vice ""##XX X___ 
A___, Phoenix, Arizona, 85051."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Address list
*	Legal Name Change 
*	Credit Report

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 (ABCMR) 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 as a Texas resident, he originally joined the Army Reserves in 
San Antonio, Texas Military Entrance Processing Station (MEPS); but when he 
transferred to active duty, he was working in Phoenix, Arizona.  He understands that 
box 7a reflects where he joined active duty (i.e., Phoenix, Arizona); however, his HOR 
should reflect the permanent address he had in Corpus Christi, Texas.  He was only at 
the ""##XX X___ A___, Phoenix, Arizona, 85051" for a few months.  It is important for 
his address to reflect his actual HOR on his DD Form 214 so he can be recognized as a 
Texas Veteran, especially since he is back in his home state of Texas, and will be 
attending graduate school here.  He provides: 

*	A listing of his previous addresses, including Corpus Christie in 2006
*	Final Judgment approving his name change 
*	Credit Report listing his credit information

3.  Review of the applicant's service records shows: 

	a.  The applicant's DD Form 1966 (Record of Military Processing) prepared in 
connection with his enlistment in the U.S. Army Reserve (USAR) shows in: 

*	Item 3 (Current Address), "##XX X___ L___, Corpus Christie, Nueces 
County, Texas 78416
*	Item 4 (Home of Record Address), "##XX X___ X___, Corpus Christie, 
Nueces County, Texas 78416

	b.  He enlisted in the U.S. Army Reserve on 31 October 2002.  His USAR Enlistment 
Contract (DD Form 4) show he enlisted at the San Antonio MEPS and his HOR is listed 
din item 3 as ""##XX X___ X___, Corpus Christie, Nueces County, Texas 78416."

	c.  On 10 August 2004, he was transferred from the 887th Quartermaster Company, 
Alice, Texas to the 751st Quartermaster Company, Mesa, Arizona. 

	d.  On 13 June 2006, a new DD Form 1966 was prepared at the Phoenix, Arizona 
MEPS to process his enlistment in the Regular Army.  This DD Form 1966 shows in: 

*	Item 3 (Current Address), "##XX X___ A___, Phoenix, Arizona, 85051
*	Item 4 (Home of Record Address), "##XX X___ A___, Phoenix, Arizona, 
85051

	e.  A physical evaluation board convened on 1 March 2010 and recommended his 
placement on the temporary disability retirement list (TDRL).

	f.  He retired on 26 April 2010 and he was placed on the TDRL on 27 April 2010.  His 
DD Form 214 shows in Block 7a (Place of Entry Into Active Duty) "Phoenix, Arizona" 
and Block 7b (Home of Record at Time of Entry) "##XX X___ A___, Phoenix, Arizona, 
85051.

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 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 1966 shows 
he entered active duty with the contested HOR.  He did not have a break in service 
during his period of military service.  His DD Form 214 shows the contested HOR.

The applicant has not provided sufficient evidence to show he had a break in service of 
1 full day and that his HOR was changed.  The HOR and place of entry into active duty 
entries on his DD Form 214, for the period ending 31 May 2017 were listed in 
accordance with law and 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 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 (AR) 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application.  The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

3.  AR 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.

4.  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.

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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180001105

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