ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  11 October 2018

	DOCKET NUMBER:  AR20180012028


APPLICANT REQUESTS:  correction of his records to show his home of record (HOR) 
as, TX instead of , NY. 

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 3 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 has lived in Texas for the last 22 years and would like it 
reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

3.  The applicant’s DD Form 1966 (Record of Military Processing – Armed Forces of the 
United States) shows that at the time of his enlistment, the applicant listed his HOR as 
an address in NY.

4.  The applicant enlisted into the United States Army Reserve (USAR) on 
24 February 1986 within the Delayed Entry Program (DEP).  His DD Form 4 
(Enlistment/Reenlistment Document Armed Forces of the United States) shows his 
HOR as Yonkers, NY.  
	
5.  The applicant was discharged from the DEP and entered active duty on 14 August 
1986.  He attended advanced individual training and was assigned to the 47th Medical 
Supply and Optical Maintenance Battalion at Fort Hood, TX.

6.  The applicant was honorably discharged on 13 May 1988 and transferred into the 
USAR.  His DD Form 214 shows in item 6 (Place of Entry into Active Duty) "Brooklyn, 
NY."  Item 9 (Command to Which Transferred) reflects the 142nd Supply and Service 
Company with an address in Bronx, NY.
7.  The Joint Federal Travel Regulations provide 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.  It may 
only be change if 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 may not be a changed to a location for the convenience of the Soldier.

8.   Army Regulation 635-8 (Separation Processing and Documents), dated  
10 February 2014, 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 3 (Home of Record).  


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board found no evidence indicating the applicant's HOR was recorded 
incorrectly when he entered military service.  The fact that he now resides in Texas has 
no bearing on the HOR recorded when he entered military service in 1986.  In the 
absence of evidence showing a bona fide error was made in recording his HOR, the 
Board agreed that there is no basis for recommending relief in this case.  


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 3 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 3-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 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 an 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 may not be changed to a location for the convenience of the 
Soldier.

//NOTHING FOLLOWS//




ABCMR Record of Proceedings (cont)	 AR20180012028
	
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