ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20180004981


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his Home of Record (HOR) as         
"XXXXXXXXXX," vice " XXXXXXXXXX,"  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

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 this was probably a clerical error.  The address shown in Block 
21 (HOR) of his DD Form 214 was his address when he entered active duty. 

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

	a.  On 6 November 1968, the applicant submitted an Application for Appointment 
(DA Form 61).  He indicated his place of birth was , and his permanent 
address as " XXXXXXXXXX'

	b.  He executed an oath of office at St. Bonaventure, NY, on 1 June 1969.  He was 
subsequently issued an appointment memorandum appointing his as a Reserve 
commissioned officer of the Army.  This appointment memorandum listed his address 
as " XXXXXXXXXX"

	c.  On 19 August 1969, Headquarters, First U.S. Army, Fort Meade, MD published 
Orders A-08-2988 ordering him to active duty on or about 16 September 1969.  The 
active duty orders listed his HOR as " XXXXXXXXXX"
	d.  He entered active duty on 13 September 1969.  He served at Fort Meade and 
then at Fort Gordon, GA as well as Homestead Air Force Base, FL.  

	e.  On 5 January 1970, he completed a DD Form 398 (Statement of Personal 
History).  He listed his permanent mailing address as " XXXXXXXXXX"

	f.  He was honorably released from active duty on 31 March 1972.  His DD Form 214 
shows in: 

*	Block 21 (HOR at Time of Entry Into Active Service), XXXXXXXXXX"
*	Block 31 (Permanent Address for Mailing Purposes After Transfer or 
Discharge) "9 XXXXXXXXXX"

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 4 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 17 May 1996 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 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)	 AR20180004981

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