ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180012252 APPLICANT REQUESTS: to correct his Home of Record (HOR) on his original DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) FACTS: 1. The applicant states his HOR should be Livingston, MT instead of the HOR listed during his initial enlistment (Delayed Entry Enlistment Program) on 21 April 2011. His HOR was corrected/updated on DD Form 1966 during his Confirmation of Enlistment on 3 October 2011. The correct HOR is reflected on DD Form 1966, Section 1, Items 3 and 4. The corrected HOR was also annotated on DD Form 1966/3 Section V, Item 34. 2. The applicant provides: a. A copy of his DD Form 4, dated 21 April 2011. b. A copy of his DD Form 1966, dated 3 October 2011. 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 21 April 2011 and later enlisted in the Regular Army. b. His DD Form 4, dated 21 April 2011 shows his HOR as X___, WY, which he authenticated with his signature. c. His DD Form 1966, dated 3 October 2011, shows his HOR as X___, MT, which he authenticated with his signature. d. He was honorably discharged on 7 June 2019. His DD Form 214 for the period of 3 October 2011 through 7 June 2019 shows his HOR as Basin, MT, which he authenticated with his signature. 4. By regulation, a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by HRC. Home of record is the place recorded as the home of record 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 is determined by HRC to be factually incorrect. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the information on the applicant’s DD Form 1966, the Board concluded there was an administrative error committed when entering the home of record on the applicant’s DD Form 214 which warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the Home of Record at Time of Entry (Item 7b) to read, “### X____, X____, MT #####”. 3/11/2020 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) 635-8, paragraph 5-6 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules and steps governing required actions in the field to support processing personnel for separation documents. Block 7b states a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by US Army Human Resources Command (HRC). List the street address, city, state and zip code listed as the Soldier’s home of record. Home of record is the place recorded as the home of record 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 is determined by HRC to be factually incorrect. Home of record is not necessarily the same as legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 3. 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 a place selected for the convenience of the Soldier. NOTHING FOLLOWS