ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180015243 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 18 May 2016 be corrected to show in: * block 7a (Place of Entry into Active Duty) the entry as instead of * block 7b (Home of Record (HOR) at Time of Entry) the entry as instead of 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 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 his location of entry into active duty and HOR when he entered active duty is incorrect. He claimed as his HOR the entire time he was on tour from 1995 to 2016, as well as, claimed for state tax purposes. He also states his place of entry into active duty was and not. 3. The applicant was appointed a Reserve commissioned officer on 6 May 1988 and was ordered to active duty on 3 September 1988. Orders 115-13-A-239, issued by Headquarters, U.S. Army Second Region, U.S. Army ROTC Cadet Command, Fort Knox, KY, dated 23 June 1988 lists on the standard name line his address as and his HOR as. 4. The applicant was honorably released from active duty on 14 February 1992 by expiration term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 3 years, 5 months, and 12 days of net active service. Block 7a and block 7b of his DD Form 214 shows the entries and respectively. 5. Orders R-08-005871, issued by U.S. Army Personnel Center, St. Louis, MO, dated 9 August 1995 ordered him to active duty in the Active Guard/Reserve (AGR) status for a 3 year period at Fort McCoy, WI to attend AGR Entry Training (AGRET) with a report date of 25 September 1995. These orders listed on the standard name line his address as and his HOR as. These orders were further amended by changing his active duty commitment from 3 years to indefinite. 6. The applicant was honorably retired on 18 May 2016 by reason of disability, permanent (enhanced). The DD Form 214 he was issued shows in: * block 7a, the entry * block 7b, the entry 7. The Joint Federal Travel Regulation (JFTR) states 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 the 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. Only if a break in service that exceeds one full day may the member change the home of record. It may not be a place selected for the convenience of the Soldier. 8. Army Regulation 635-8 (Separation Processing and Documents), dated 10 February 2014, states for: a. Block 7a to enter the city and state where the Soldier entered active duty based off their initial enlistment contract or order to active duty as the source document for this data. For officers enter active duty in accordance with their initial order to active duty. Normally, this is a temporary duty location for attendance at the Basic Officer Leader Course or other temporary duty location. ARNG and USAR Soldiers, the active duty order for this period of service will list where the Soldier enters active duty (for example, home address, home station, mobilization station, Army installation, and so forth). b. Block 7b states a Soldier's initial enlistment contract or appointment document is the source for his data, or any correction approved by ARHC. List the street address, city, state, and zip code listed as the Soldier's home of record. List the street address, city, state, and zip code listed as the Soldier’s home of record. For RC Soldiers, the active duty order lists 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 it is determined by AHRC to be factually incorrect. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include his previous period of active duty, the place of entry and HOR on his DD Form 214, his transfer to the IRR and the location recorded on the orders to active duty for the period of service ending with his medical retirement. The Board considered the JFTR as it pertains to HOR and the instructions for completing the applicable entries on the DD Form 214. The applicant did not provide evidence to support his statement regarding his location at the time of entry for his second period of active duty service. Based on a preponderance of evidence, the Board determined that entries 7a and 7b on the DD Form 214 for the period of service ending 18 May 2016 were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 10/29/2020 CHAIRPERSON 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. The Joint Federal Travel Regulation (JFTR) 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. 3. Army Regulation 635-8 (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 and preparation of separation documents. a. Block 7a states to enter the city and state where the Soldier entered active duty based off their initial enlistment contract or order to active duty as the source document for this data. For officers enter active duty in accordance with their initial order to active duty. Normally, this is a temporary duty location for attendance at the Basic Officer Leader Course or other temporary duty location. ARNG and USAR Soldiers, the active duty order for this period of service will list where the Soldier enters active duty (for example, home address, home station, mobilization station, Army installation, and so forth). b. Block 7b states a Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by U.S. Army Human Resources Command (HRC). List the street address, city, state, and zip code listed as the Soldier’s home of record. For Reserve component (RC) Soldiers, the active duty order lists 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 it is determined by HRC to be factually incorrect. Home of record is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. // NOTHING FOLLOWS //