ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 November 2019

	DOCKET NUMBER:  AR20190007541


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his home of record as XXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document), dated 24 October 1997
*	DD Form 4, dated 27 August 2004
*	VA Form 26-1820 (Report and Certification of Loan Disbursement), 
dated 28 May 2009
*	DD Form 214, ending 30 November 2011
*	Last Will and Testament, dated 8 February 2015
*	Texas Driver License
*	2019 Notice of Appraised Value, dated 1 April 2019

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 (ABCMR) 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 that his HOR is XXXX because he has:

*	purchased two homes there as his primary residence between 2009 and 2014
*	purchased and registered vehicles in XXXX since 1997
*	maintained a XXXX driver license since 1997
*	a will on file in XXXX which identifies XXXX as his residence
*	completed active duty reenlistments in XXXX on two occasions 

3.  During his entrance processing the applicant completed a DD Form 1966 
(Record of Military Processing-Armed Forces of the United States), wherein he listed 
an address in XXXXX as his current address.

4.  He enlisted into the Regular Army on 12 November 1991.  His enlistment 
document shows the XXXXX, address he listed on the DD Form 1966.

5.  On 30 November 2011, he retired from active duty.  Item 7b (HOR at the time of 
entry) of his DD Form 214 lists an address in XXXXX, as his HOR.

6.  He provides his military reenlistment contracts, Last Will and Testament, home 
financing documents, and a driver's license, all of which show an address in XXXX 
or identify XXXX as his State of residency.

7.  The Joint Federal Travel Regulation defines the HOR as the home of the 
individual at the time of enlistment which may or may not be the same as the mailing 
address.  Regulatory guidance allows for correction of the HOR when there is a 
bona fide error.

BOARD DISCUSSION:

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

2.  The HOR recorded at the time of the applicant's entry into military service was an 
address in XXXXX.  The applicant served without a break in service until he retired, 
at which time the address in XXXXX, was recorded on his DD Form 214 as his HOR.  
The Board found no evidence of a bona fide error that would support correction of 
the HOR recorded on the applicant's DD Form 214.  


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 (AR) 635-5 (Separation Documents) establishes the 
standardized policy for preparing and distributing the DD Form 214.  The purpose of 
the separation document is to provide the individual with documentary evidence of 
his or her military service.  It is important that information entered on the form should 
be complete and accurate.  Chapter 2 contains guidance on the preparation of the 
DD Form 214.  Complete Item 7 (Place Entered onto Active Duty and Home of 
Record) using the Soldier’s initial enlistment contract or appointment document.

3.  AR 600-8-104 (Army Military Human Resource Record Management) prescribes 
the policies governing the official military personnel file.  Table 5-2 of this regulation 
states that the term "HOR" 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.

4.  The Joint Federal Travel Regulation (JFTR) provides that the Home of Record 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190007541
	
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