ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190001598 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 January 2018 to show: * Block 7a (Place of Entry into Active Duty) as the "Dallas, TX Military Entrance Processing Station" instead of "Fort Jackson MEPS, SC" * Block 7b (Home of Record (HOR) at Time of Entry) as "(Address) " instead of "(Address) " APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 24 January 2018, member copy #4 * DD Form 214, for the period ending 20 December 2003, service copy #8 * DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), covering the month of January 2018 * DD Form 1966/1-5 (Record of Military Processing – Armed Forces of the United States), dated 28 June 2005 with auxiliary documents FACTS: 1. The applicant states: a. Although she is originally from Louisiana, her enlistment paperwork was never corrected to her married name or addresses at any time when she enlisted. She was told now that it matters. She and her family are moving back to Texas next spring so her daughter can attend college and hopefully use the Hazelwood Act since she is currently using her own GI Bill. b. At the time of her entry into active duty in 2005, she resided with her family at (Address) Fort Hood, TX where her husband, now ex-husband, was enlisted at the time; it is referenced as her home of record on her DD Form 1966. She has been a resident of Texas and no other state since 2000 or 2001. 2. The applicant enlisted in the Regular Army on 7 September 1999. A DD Form 4 (Enlistment / Reenlistment Document – Armed Forces of the United States) shows her HOR as an address in and her place of enlistment as Fort Jackson, SC. She authenticated the form with her signature. 3. The applicant was honorably released from active duty by reason of completion of active duty service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 20 December 2003. Her DD Form 214, which she authenticated with her signature, show in: * Block 7a, the entry "" * Block 7b, the entry "" 4. After a period of inactive service, the applicant enlisted in the Regular Army on 28 June 2005. The DD Form 1966 shows that at the time of her enlistment, the applicant listed as her HOR an address in as well as her current address. It does definitely show the exact place of entry into active duty. 5. The applicant executed two additional immediate reenlistments on 7 March 2007 and 2 November 2012 respectively, each showing her HOR as an address in . She authenticated both forms with her signature. 6. The applicant was honorably retired on 24 January 2018. Her DD Form 214 she was issued shows in: * Block 7a, the entry "a" * Block 7b, the entry " (Address) " 7. A review of her record shows an Enlisted Record Brief, with a brief date of 25 January 2018 the indicated her HOR as X. 8. The applicant provides a DFAS Form 702 that shows TX as the state for tax purposes. 9. 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. It may only be change if 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. 10. Army Regulation 635-8 (Separation Processing and Documents), dated 10 February 2014, states to list the street address, city, state, and zip code listed as the Soldier’s home of record on the Soldier's initial enlistment contract or appointment document in block 7b. 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. 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 record of service, the Texas address on 2005 enlistment documents, Fort Lee as the first active entry shown on the Enlisted Record Brief in 2005, HOR entries on subsequent reenlistment documents, and the entries on the applicant’s final DD Form 214. The Board found insufficient evidence to support the applicant’s requested changes. Based on a preponderance of evidence the Board determined the entries in item 7 on her final DD Form 214 were not in error or injust. 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. 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 635-8 (Separation Processing and Documents), dated 10 February 2014, 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. 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. 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 // ABCMR Record of Proceedings (cont) AR20190001598 0 2 1