BOARD DATE: 30 July 2020 DOCKET NUMBER: AR20190015655 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 May 2004 to show his home of record (HOR) as an address. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 304-1, dated 30 October 1996 * Training Performance Certificate, dated 16 August 1998 * National Guard Oaths of Office, dated 4 April 1997 * Orders 105-324, dated 15 April 1997 * Special Orders Number 90AR, dated 8 May 1997 * Orders 337-104, dated 3 December 1997 * Orders 353-121, dated 19 December 1997 * DD Form 214, ending 20 May 1998 * Letter, dated 19 March 1999 * Orders 042-159, dated 11 February 2000 * 2-page Master Military Pay Account printout, dated 21 February 2001 * DA Form 214, ending 1 May 2004 * Orders 304-700, dated 31 October 2005 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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, in effect, the Wisconsin (WIARNG) erroneously entered his address at the time in Plainfield, IL, as his HOR on the DD Form 214 he received for the period ending 1 May 2004. However, he was commissioned at TX Tech University in May 1996, and joined the TXARNG shortly afterward. 3. The applicant enlisted in the U.S. Army Reserve as a cadet on 26 August 1994. His HOR is noted as an address in El Paso, TX. 4. Effective 4 April 1997, he was appointed a second lieutenant in the TXARNG. The HOR listed on his orders states an address in Lubbock, TX. 5. His record contains a DD Form 214 for the period 24 January to 20 May 1998. Item 7b (HOR at Time of Entry) lists an address in Lubbock, TX. 6. Effective 28 May 1999, the applicant was transferred from a unit in the TXARNG to a unit in the WIARNG. 7. His record contains a DD Form 214 for the period 7 February 2003 to 1 May 2004. Item 7b lists an address in Plainfield, IL. 8. On 15 October 2005, the applicant resigned honorably from the WIARNG. 9. HOR 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 active service of at least 1 full day, or it is determined by the Army Human Resources Command to be factually incorrect. HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier's career. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board found insufficient evidence to conclude the HOR recorded on the DD Form 214 for the period ending 1 May 2004 was in error. That DD Form 214 would have properly shown his HOR at the time of entry on active duty on 7 February 2003, which he indicates was an address in Illinois. The Board determined there is no error in the HOR recorded on the DD Form 214 in question. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) provides the policies and procedures for separation documents. It states, in pertinent part, a Soldier's initial enlistment contract or appointment document is the source for this data. List the street address, city, state, and zip code listed as the Soldier's HOR. For Reserve Component Soldiers, the active duty order lists the Soldier's HOR. HOR 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 active service of at least 1 full day, or it is determined by the Army Human Resources Command to be factually incorrect. HOR 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 (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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015655 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1