IN THE CASE OF: BOARD DATE: 11 August 2021 DOCKET NUMBER: AR20200009135 APPLICANT REQUESTS: the following: * correction of Block 7b (Home of Record at Time of Entry), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 14 March 1994, to reflect his home of record (HOR) as Cxxxxxx, XX instead of Bxxxx [sic Bxxxxxxx],XX * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: he provides a DD Form 149 (Application for Correction of Military Record). 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 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 his 1994 DD Form 214 incorrectly shows his HOR as Bxxxx, XX, when was appointed as a warrant officer at Fort Rucker, AL. At the time, his wife resided at her home in Cxxxxxx, XX. His family had moved from his previous HOR in Bxxxx, XX in 1992. As a result, he changed his HOR to Cxxxxxx, XX, got a XX driver license, and his family remained in XX. At the time of his first enlistment in 1989, Bxxxx, XX was his HOR, but that changed in 1992. He believes someone entered the incorrect HOR on his 1994 DD Form 214. He has Defense Finance and Accounting Service records showing his XX residence. He recently discovered the error when reviewing his military records and had never noticed the error before this. 3. Review of the applicant’s service records show: a. A DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States), dated 4 March 1989, prepared in connection with his enlistment shows in items 4 (Current Address) and 5 (HOR Address) his address as "XXX River West Road, Bxxxxx (Hxxxxxx), XX 3XXXX." His Standard Form 88 (Report of Medical Examination), dated 9 March 1989, also shows the same HOR. b. He enlisted in the Regular Army (RA) on 23 August 1989. His DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted at the Atlanta, GA Military Entrance Processing Station and his HOR is listed in item 3 (HOR) as "XXX River West Road, Bxxxxxx, XX 3XXXX." c. He reenlisted in the RA on 25 January 1993. Item 3 of his DD Form 4/1 shows his HOR as "XXX River West Road, Bxxxxxx, XX 3XXXX." d. On 31 January 1994, he completed and signed a DA Form 61 (Application for Appointment). This form shows in: * Item 18 (HOR) – "XXX River West Road, Bxxxxxx, XX 3XXXX" * Item 19 (Current Address) – "XXX W. 5th Street, Cxxxxxx, XX 7XXXX" e. He was honorably discharged from active duty on 14 March 1994, to accept a commission as a warrant officer. His DD Form 214 shows he completed 4 years, 6 months, and 22 days of net active service. Block 7b of his form shows his HOR as "111 River West Road, Bxxxxxx (Hxxxxxx), XX 3XXXX." f. He was appointed in the U.S. Army Reserve (USAR), as a warrant officer, on 15 March 1994 and entered active duty on the same day. g. Orders Number 305-005, dated 31 October 2000, reassigned him for separation processing. The orders list his HOR as "Byron, GA." h. He was honorably released from active duty on 21 January 2001 and was transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he completed 6 years, 10 months, and 12 days of net active service. Block 7b of this form shows his HOR as "Bxxxx, XX." i. He was honorably discharged from the USAR on 10 November 2003. 4. By regulation Army Regulation 635-5 (Separation Documents), the "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 service of at least 1 full day (Joint Travel Regulations (JTR), Volume 1, App A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 5. The JTR provides, in part, 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. 6. AR 15-185 (ABCMR), applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. By regulation, the "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 service of at least 1 full day (Joint Travel Regulations (JTR), Volume 1, App A, Part I). The HOR is not always the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. He enlisted on 23 August 1989, listing his HOR as "Bxxxxxx, XX 3XXXX." He reenlisted on 25 January 1993, listing his HOR as "Bxxxxxx, XX 3XXXX." He was separated on 14 March 1994, to accept a commission as a warrant officer. His DD Form 214 shows his HOR as "Bxxxxxx, XX 3XXXX." He was ordered to active duty as a warrant officer from "Bxxxx, XX." He was honorably released from active duty on 21 January 2001. His DD Form 214 shows his HOR as "Bxxxx, XX." Board members found no errors or injustice. For that reason, the Board voted to deny relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX: XX: 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. 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 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. Army Regulation (AR) 601-280 (Army Retention Program), in effect at the time, prescribed the criteria for the Army retention program. Table 11-1 of the regulation defined the HOR as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remained the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there was a break in service of more than one full day. Only if a break in service exceeded one full day could the home of record be changed by the member. 3. AR 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated the DD Form 214 would show in block 7a (Place of Entry Into Active Duty) of the DD Form 214 shows the place of entry onto active duty and in block 7b (Home of Record (HOR) At Time Of Entry)) the street, city, state and zip code listed as the Soldier’s HOR. The "HOR" was the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. That could not be changed unless there was a break in service of at least 1 full day (Joint Federal Travel Regulations (JFTR), Volume 1, App A, Part I). The HOR was not always the same as the legal domicile as defined for income tax purposes. Legal domicile could change during a Soldier’s career. 4. The JTR provided, in part, that the HOR was the place recorded as the home of the individual at the time of enlistment or induction. There was no authority to change the HOR as officially recorded at time of entry into the military service. However, there was 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. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009135 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1