ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210005454 APPLICANT REQUESTS: correction of the Home of Record (HOR) shown on his military records from C, Xxxxx to B, Xxxxx. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . DD Form 4 (Enlistment/Reenlistment Document) FACTS: 1. The applicant states during his initial enlistment into the Army, the recruiter requested a permanent mailing address for emergency purposes; therefore, he provided his grandmother's address, which was located in Xxxxx. At the time of his initial entry into the Army, he was a resident of Xxxxx and residing at [Address A] B, Xxxxx 7XXXX. The enclosed DD Form 4 and DD Form 1966/1 (Record of Military Processing) also reflect he enlisted on 13 August 1999, from the Houston, Texas MEPS (Military Entrance Processing Station) and resided at [Address A], B, Xxxxx 7XXXX, not C, Xxxxx, 7XXXX. 2. Review of the applicant's service records shows: a. The applicant underwent an enlistment physical at the Houston, Texas MEPS on 28 May 1998. His Report of Medical Examination shows his address in Block Home Address as [Address A] C, Xxxxx, 7XXXX. b. The applicant's DD Form 1966 (Record of Military Processing) prepared in connection with his enlistment, shows in: • Item 3 (Current Address), [Address B], B, Xxxxx, 7XXXX • Item 4 (Home of Record Address), [Address A], C, Xxxxx 7XXXX c. He enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 13 August 1999. His USAR Enlistment Contract (DD Form 4) shows he enlisted at the Houston MEPS and his HOR is listed in item 3 as [Address A] C, Xxxxx, 7XXXX. d. He was discharged from the DEP and enlisted in the Regular Army on 22 September 1999. He reenlisted on 3 July 2003 while stationed in Europe and on 8 November 2004 while stationed in Iraq. Each of his reenlistment contracts listed his HOR as [Address A] C, Xxxxx, 7XXXX. e. He was honorably discharged from active duty (as an enlisted Soldier) to accept appointment as a warrant officer. His DD Form 214 (certificate of Release or Discharge from Active Duty) shows in: • Block 7a (Place of Entry Into Active Duty) Houston, Texas • Block 7b (Home of Record at Time of Entry) C, Xxxxx, 7XXXX. f. He was appointed as a Reserve warrant officer and executed an oath of office on 11 July 2007. At the time of this application, the applicant was serving on active duty at Fort Bragg, NC. 3. By regulation (AR 635-5), 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 Federal Travel Regulations (JFTR), 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. 4. The JFTR 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 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted on his initial entry into military service, the applicant's HOR was C, Xxxxx, not B, Xxxxx. All the applicant's service records reflected C, Xxxxx. Based on a preponderance of evidence, Board members found no evidence of an error and 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. X CHAIRPERSON 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. Army Regulation (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. 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. 2. Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army retention program. Table 11-1 of this regulation defines 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 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 one full day. Only if a break in service exceeds one full day can the home of record be changed by the member. 3. Army Regulation 635-8 (Separation Processing and Documents) establishes 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. Block 7: Place of Entry into Active Duty and Home of Record. a. Block 7a: Place of Entry into Active Duty. A Soldier’s initial enlistment contract or order to active duty is the source document for this data. Enter the city and state where the Soldier entered active duty. (1) Regular Army enlisted Soldiers normally enter active duty at the military entrance processing station. (2) Officers enter active duty in accordance with their initial order to active duty. Normally, this is a temporary duty location for attendance at the Basic Officer Leader Course or other temporary duty location (for example, in support of Reserve Officers’ Training Corps (ROTC) Summer Camp or Gold Bar Recruiting duties). (3) U.S. Military Academy graduates enter active duty at the Accessions Detachment, West Point, NY. (4) Soldiers who previously changed their status or component while serving on active duty, that installation where the change was made becomes the place entered active duty for this period of service. (For example, an enlisted Soldier is discharged at Fort Rucker, AL to continue on active duty as a warrant officer. Upon completion of his warrant officer active duty, his DD Form 214 would list Fort Rucker, AL as his place of entry for this period of service.) (5) ARNG and USAR Soldiers, the active duty order for this period of service will list where the Soldier enters active duty (for example, home address, home station, mobilization station, Army installation, and so forth). Normally, this location is the first “Report to” lead line listed on the order. b. Block 7b: Home of Record. A Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by HRC. List the street address, city, state, and zip code listed as the Soldier’s home of record. For RC Soldiers, the active duty order lists the Soldier’s home of record. Home of record is the place recorded as the home of record 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 HRC to be factually incorrect. Requests to change home of record may be sent to usarmy.knox.hrc.mbx.tagd-emilpo-helpdesk@mail.mil. Home of record is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may change during a Soldier’s career. 4. The JFTR 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. //NOTHING FOLLOWS//