IN THE CASE OF: BOARD DATE: 17 September 2021 DOCKET NUMBER: AR20200009498 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period ending 1 May 2017, to show his home of record (HOR) as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Departments of the Army and Air Force, State of, Department of Military Affairs Orders 206-021, dated 26 October 1999 * self-authored memorandum, dated 6 August 2020 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: a. He is requesting the issuance of a DD Form 215 (Correction to DD Form 214) because his HOR is incorrectly listed as, when it should read. b. As he transitioned from the Regular Army to the Army National Guard (ARNG) to an Active Guard/Reserve (AGR) status in the Reserve Component in 1998-1999, his HOR changed, along with his leave and earnings statement (LES) and his income tax filings. 3. An initial DD Form 4 (Enlistment/Reenlistment Document) shows the following: * the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 June 1995 * item 3 (HOR) reflects his HOR at the time of his enlistment to have been * he was discharged from the DEP for enlistment in the Regular Army on 3 October 1995 4. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) completed in conjunction with the applicant’s initial enlistment shows his HOR to be 5. A DD Form 214, covering the period of service from 3 October 1995 through 2 October 1998 shows the following: * the applicant was honorably released from active duty after 3 years of net active duty due to completion of required active service on 2 October 1998 and transferred to a unit in the Texas (TX), ARNG * item 7b (HOR at time of Entry) shows 6. The applicant’s enlistment documents reflecting his enlistment in the ARNG are not in his available records for review. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), shows the following: * the applicant entered the ARNG on 3 October 1998 and executed an interstate transfer from the TX ARNG to the Colorado (CO) ARNG on 27 May 1999 * he was honorably discharged from the COARNG on 17 June 1999, due to transfer to the USAR * item 8a (Station or Installation at which Effected) shows an ARNG unit in * item 19 (Mailing Address after Separation) shows an address in 7. Departments of the Army and Air Force, State of Colorado, Department of Military Affairs Orders 206-021, dated 26 October 1999 honorably discharged the applicant from the ARNG and assigned him to the USAR Control Group (Annual Training) effective 18 June 1999. The applicant’s HOR is listed on the orders as 8. A second DD Form 4 shows the following: * the applicant enlisted in the USAR on 18 June 1999 * item 3 reflects his HOR as 9. The applicant’s DA Form 5016 (Chronological Statement of Retirement Points) shows his USAR Troop Program Unit (TPU) service spanned from 18 June 1999 to 25 September 1999 and that on 26 September 1999, he entered USAR service in the Active Guard/Reserve, a status he remained in through the rest of his career. 10. The applicant’s records contain three additional DD Forms 4, which show the following: * on 18 April 2003, he reenlisted in the USAR; item 3 is blank, not reflecting a HOR * on 27 January 2008, he reenlisted in the USAR; item 3 shows his HOR as on 24 October 2013, he reenlisted in the USAR; item 3 shows his HOR as 11. A second DD Form 214, covering the period from 26 September 1999 through 1 May 2017 shows the following: * the applicant was retired due to permanent disability on 1 May 2017, after 17 years, 7 months, and 6 days of net active service this period * he was credited with 3 years’ prior active service and 11 months and 23 days of prior inactive service * item 7b shows his HOR at the time of entry to be 12. The applicant’s DA Form 5016, shows the applicant’s entire service from16 June 1995 through 1 May 2017, through all service components and does not reflect any breaks in service between periods of service or components of service. 13. In a self-authored memorandum to the U.S. Army Reserve Personnel Center, dated 6 August 2020, the applicant requested the issuance of a DD Form 215 to correct his HOR to reflect BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant’s HOR as at the time he entered the period of active duty shown on his DD Form 214 for the period ending 1 May 2017; however, the form does not show as such. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block 7b. on his DD Form 214 for the period ending 1 May 2017 by showing the address shown in item 4 of his DD Form 1966/1, dated 15 June 1999. 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 601-210 (Active and Reserve Components Enlistment Program) provides policies and procedures for preparation of enlistment contracts. It states the home of record (HOR) address entered on the enlistment contract will be the address declared by the individual to be his/her permanent home or actual home at the time of enlistment. The address entered on the DD Form 1966 must be in the continental United States or a U.S. territory. A temporary address will not be entered. 3. Army Regulation 601-280 (Army Retention Program), table 11-1, provides instructions for completing the DD Form 4. It states the HOR is 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 HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member. 4. The Joint Travel Regulations provide 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 the time of entry into military service. However, there is authority to correct an 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009498 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1