ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20180015527 APPLICANT REQUESTS: In effect, correction of her military records to show her home of record (HOR) as an address in Texas (TX) instead of New York (NY). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States, for the date of enlistment beginning on 15 January 2003 * DD Form 4/1, for the date of enlistment beginning on 31 July 2006 * DD Form 4/1, for the date of enlistment beginning on 17 October 2008 * DD Form 4/1, for the date of enlistment beginning on 24 August 2012 * DD Form 4/1, for the date of enlistment beginning on 12 February 2013 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: * her original enlistment was in TX * she has not had a break in service * all her enlistment contracts are provided * she inquired with her unit and was told that she could not change her HOR * she does not want to change it, she wants to correct it 3. A review of the applicant’s record shows the following on: * 15 January 2003 – having no prior service, enlisted in the US Army Reserve (USAR) as a Delayed Entry Program member, her home of record is shown in item 3 (HOR) as an address in XXXXXX, TX * 9 April 2003 – entered on active duty Regular Army (RA) for a period of 4 years * 31 July 2006 – reenlisted for 4 years for duty station of choice * 17 October 2008 – having 5 years, 6 months and 8 days of total active military service, immediately reenlisted for 4 years with the Army Training Reenlistment Option, reclassification of her military occupational specialty (MOS) to the MOS 42A, Personnel Services Specialist * 16 October 2012 – honorably released from active duty and transferred to Headquarters and Headquarters Company, 479 Engineer Battalion, Fort Drum NY for immediate enlistment in the USAR, a DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * item 7a (Place of Entry Into Active Duty), “XXXXXX, TX” * item 19a (Mailing Address After Separation), and address in XXXXX, NY * 17 October 2012 – enlisted in the USAR, her enlistment contract shows in item 3 (HOR) and address in XXXXXX, NY * 12 February 2013 – reenlisted in the USAR for 6 years, with an effective date of 17 October 2013, her HOR remained with an address in XXXXX, NY * 4 September 2015 – ordered to active duty in the Active-Guard-Reserve (AGR) Program for a period of 3 years, Orders Number R-08-589128 shows her address in XXXXX, NY * 8 August 2018 – received amendment orders to extend her release from active duty (REFRAD) date of 3 September 2018 to 16 October 2019 * 25 February 2019 – reenlisted for an indefinite term of service in the USAR while stationed at XXXXXX, MA, her enlistment contract shows in item 3 (HOR) and address in XXXXX Air Force Base, XX 4. Orders Number 062225, issued by 81st Regional Support Command, Fort Jackson, SC, dated 4 June 2015, shows the applicant was serving in the USAR and was ordered to annual training for 19 days from an address in XXXXXX, NY to XXXXXXX, AR. 5. On 5 June 2015, the applicant completed and submitted a DD Form 2058 (State of Legal Residence Certificate) wherein she requested to name her legal residence in XXXXXX, NY and certified to the best of her knowledge and belief, to have met all the requirements for legal residence in the State claimed on the document. Next to her signature, she listed an address in XXXXXX, NY. In connection with the change in residency, she also completed a State Income Tax Exemption Certificate in which she claimed New York as her state of legal residence. The change was requested prior to reentering on active duty as an AGR. 6. The applicant provides the first page of all enlistment/reenlistment contracts from 15 January 2003 through 12 February 2013. Her initial contract lists her HOR as an address in XXXXXX, TX. Upon release from active duty, the enlistment contract in the USAR dated 24 August 2012, shows her HOR with an address in XXXXXX, NY. 7. The applicant’s records are void, and she did not provide, evidence that she returned to TX upon separation from active duty and retained her HOR as TX. 8. 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 (active duty) service 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. 9. Army Regulation (AR) 600-8-104 (Army Military Human Resource Records Management) explains the documents required and the processes for updating specific data on the appropriate record brief. It states in paragraph 5–2, the term "home of record" means the place (city and state or country) recorded as the home of the individual when enlisted, reenlisted, or ordered into the relevant tour of active duty. Official source documents include active duty letter/orders and DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) (used for effective date only). Upon separation from active duty, the applicant listed NY as her HOR on her reenlistment documents and resided in NY for a period of 2 to 3 years before reentering the tour of active duty as Active-Guard-Reserve. 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, her reenlistments in the USAR, her release from active duty in 2012 and her orders to active duty as an AGR in 2015, the location where she entered active duty most recently (Watertown NY), her state of legal residence certificate and the policy in the JFTR regarding HOR. The Board found that the applicant had a break in her active duty service and entered the most recent period of active duty from a location in New York. The Board determined, based on a preponderance of evidence and the governing policy, that the Home of Record she requested to be changed is not an 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. 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 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. 3. Army Regulation (AR) 600-8-104 (Army Military Human Resource Records Management) explains the documents required and the processes for updating specific data on the appropriate record brief. It states in paragraph 5–2. Home of record The term "home of record" means the place (city and state or country) recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. Official source documents include DA Form 71 (Oath of Office - Military Personnel), active duty letter/order, appointment order, DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), or DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel) (used for effective date only). a. Home of record is used to determine travel entitlements when a Soldier separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, or any of the other privileges of state residency. b. Home of record can only be changed if there is a break in service of more than 1 day or to correct an error. Any change in connection with a break in service must be recorded on the DD Form 4 at reenlistment. Corrections to erroneous home of record information in personnel systems can be addressed within S1, UA - Reserve personnel action center, and/or MPD channels. c. Requests for changes to home of record, with complete justification, must be filed with ABCMR. Soldier must submit a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) to Army Review Board Agency, 251 18th Street South, Suite 385, Arlington, VA 22202–3531. ABCMR Record of Proceedings (cont) AR20180015527 4