ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180012999 APPLICANT REQUESTS: to correct his Home of Record (HOR) from Fairfax, VA to Mandan, ND. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * North Dakota Driver’s License * Certificate of Live Birth * Memorandum for Record from Office of the Chief of the Army Reserve (OCAR) * Leave and Earning Statement (LES) FACTS: 1. The applicant states his current HOR is listed as Fairfax, VA; however, he has never been a resident of Fairfax, VA and this is an erroneous entry in his file. He is and has always been a resident of Mandan, ND. He is currently pursuing a Green to Gold Scholarship opportunity and his HOR must be corrected before he submits his application. 2. The applicant provides: a. A copy of his North Dakota Driver’s License b. A Certificate of Live Birth which shows he was born Fargo, ND. c. A Memorandum for Record from OCAR, which states the applicant has been a resident of the state of North Dakota since his birth. d. A copy of his LES for the period ending 1 – 30 September 2018 which shows he is paying state taxes in North Dakota. 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 24 November 2015 and later enlisted in the Regular Army (RA). b. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) dated 24 November 2015, shows his HOR as Fairfax, VA. He authenticated the form with his signature. c. His Enlisted Record Brief (ERB) shows his HOR as Fairfax, VA. d. He was honorably discharged on 1 August 2019. His DD Form 214 for the period from 28 June 2016 through 1 August 2019, shows his HOR as Fairfax, VA. He authenticated the form 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 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 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. X 3/11/2020 CHAIRPERSON Signed by: 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