ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190007296


APPLICANT REQUESTS:  in effect, correction of his military records to show his home 
of record (HOR) as an address in California (CA).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Driver’s License
*	Certificate of Live Birth
*	Diploma
*	Officer Record Brief
*	2 pages of 2011 Income Tax information

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 his HOR is listed as his college address and he only lived at the 
residence temporarily.  When he entered the Army, his recruiters never explained the 
significance of the HOR, so he listed where he was residing at the time.  He claims he 
lived at the California address for 19 years and this is where is personal effects remain.

3.  The applicant provides evidence which shows he:

*	was born in XXXXXXXXX, CA in 1994
*	lived at an address in XXXXXX, CA in 2011
*	graduated high school at XXXXX, CA in May 2012

4.  On 8 May 2016, the applicant graduated from Hampton Sydney College in Virginia 
(VA).

5.  All documents pertaining to his enlistment list his HOR as an address in XXXXX 
XXXXXX, VA and he was employed by a company in XXXXXXX, VA beginning May 
2016.

6.  The applicant entered active duty in the Regular Army (RA) on 24 October 2016.  He 
was honorably discharged to accept a commission in the Army on 19 April 2017.   
Item 7b (HOR at Time of Entry) of the DD Form 214 (Certificate of Release or 
Discharge from Active Duty) he was issued lists his HOR as an address in XXXXX 
XXXXX, VA.

7.  The applicant was appointed a second lieutenant in the RA effective 20 April 2017.

8.  Regulatory guidance states that 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.  

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 address 
in California and high school diploma, his enlistment and the place where he entered 
active duty.  The Board determined he entered active duty while in Virginia and, by a 
preponderance of evidence, that the HOR in the applicant’s record 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.




		  
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) 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.  It must not be a place selected for the convenience of the 
Soldier.


ABCMR Record of Proceedings (cont)	 AR20190007296

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