ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 April 2020

	DOCKET NUMBER:  AR20190003858

APPLICANT REQUESTS:  Her home or record (HOR) be changed from 
XX to XX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
*	Driver's Licenses 
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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 she requests the error of her HOR be corrected.  She made the 
request while still on active duty.  She was born in XX and only lived in XX for less than 
a year before joining the Army.  The only family she had living there relocated to 
Indiana.  She moved back to XX when she was discharged and has remained there 
ever since.  She believes her record is unjust because she submitted the change before 
she was discharged.  She believes it was not treated as a priority and not done because 
she was getting out of the Army. 

3.  The applicant's service records are void of any documentation showing her HOR at 
the time of entry on active duty.  

4.  The applicant provides the following documents for the Board's consideration:

	a.  Her certificate of birth, which shows she was born in XX.   

	b.  Her driver's license from XX and her driver's license from XX.  

	c.  Her DD Form 214 which shows his HOR as XX.
5.  See applicable references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, and regulatory requirements.  The Board noted that 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.  Based on a 
preponderance of evidence, the Board determined that there was no error or injustice in 
the applicant’s HOR on her DD Form 214.

2.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XX	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.

REFERENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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 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 a 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.

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190003858
	
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