ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190000355 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 December 2018, to show his home of record (HOR) as XXXXXXX, TX. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, dated 15 November 2018 * DD Form 214, for the period ending on 24 December 2018 * Internal Revenue Service (IRS) Form 1040 (US Individual Income Tax Return) for the years 2012 and 2013 FACTS: 1. In a self-authored letter, the applicant states, in effect: * during the review of his DD Form 214, it was brought to his attention that he was authorized to change his HOR when he became a warrant officer from an enlisted Soldier in October of 2012, but the proper paperwork was not submitted * his current DD Form 214 shows that he was separated in Fort Rucker, AL, but his original address in California (CA) was reused as his HOR * he was stationed in Germany from 2007 to 2012 and maintained his CA address * once separated and sworn in as an officer, he had already done all the necessary requirements to reinstate his address in TX * he has been a resident of TX, maintained a TX driver’s license, and has filed taxes with his address in TX since 2012 2. A review of the applicant’s record shows on: * 11 December 2006 – enlisted in the US Army Reserve (USAR) Delayed Entry Program, his DD Form 4/1 (Enlistment/ Reenlistment Document) shows his HOR as an address in XXXXXX, CA * 8 March 2007 – entered on active duty * 20 March 2012 – reenlisted in the Regular Army (RA) while stationed in Germany, his DD Form 4/1 shows his HOR as the same address in Pioneer, CA * 14 November 2012 – honorably separated from the RA to accept commission as a Reserve warrant officer; a copy of his DD Form 214 for this period shows in: * item 7a (Place of Entry Into Active Duty), XXXXX, CA * item 7b (HOR at Time of Entry) shows an address in XXXXX, CA * item 20 (Member Requests Copy 6 be Sent to Office of Veterans Affairs), TX * 15 November 2012 –appointed as a Reserve Warrant Officer of the Army and ordered to active duty for 6 years; a copy of Orders Number 320-367-A-2518 shows his HOR is listed as XXXXX, CA * 24 December 2018 – honorably retired from active duty and placed on the temporary disability retired list 3. The applicant provides: * a self-authored letter to supplement his DD Form 149 * DD Form 214, which shows in * item 7a (Place of Entry Into Active Duty), XXXXX, CA * item 7b (HOR at Time of Entry) shows an address in XXXX, CA * IRS Form 1040 (US Individual Income Tax Return) for the year 2012, which shows his home address as an address in “APO, AE” (Germany) * IRS Form 1040 for the year 2013, which shows his home address as an address in XXXXXX, TX 4. Please see REFERENCES for all applicable regulatory guidance. 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 home at entry on to active duty, his discharge to accept a commission as a warrant officer, the absence of evidence to show he had a break in service for more than one day, the reason for his separation, changes to his residence, guidance in the JFTR and the reason for his separation. Based on a preponderance of evidence, the guidance in the JFTR and no evidence showing a break in service exceeding more than one full day, the Board determined that the Home of Record at his time of separation was 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. X 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. 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. 2. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that the policies and procedures for the preparation of enlistment contracts. It states that the HOR address entered on the enlistment contract will be the address declared by the applicant to be his or her permanent home or actual home at the time of enlistment. A temporary address will not be entered. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states: a. A Soldier's initial enlistment contract or appointment document is the source for block 7a, HOR data. This regulation further states that "Home of Record" is the place recorded as the HOR 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 service of at least 1 full day. HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile (residence) may change at any time during a Soldier's career. b. block 7b required the preparer to enter the city and state from which the Soldier last entered or was ordered to active duty.