ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 May 2021 DOCKET NUMBER: AR20210005642 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 December 2016 to show her home of record (HOR) as. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Certificate of Birth, 16 March * San Antonio Military Entrance Processing Station Orders 3036007, 30 January 2013 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), 5 February 2013 (page 3 only) * Personal in Nature Document, 6 February 2013 * DD Form 93 (Record of Emergency Data), 6 February 2013 * SGLV 8286 (Servicemembers' Group Life Insurance (SGLI) Election and Certificate), 6 February 2013 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 her records currently show her HOR as; however, she shipped out of, according to her enlistment records. She was born and raised in X---X and graduated from LXX Fxxxxxx High School in May 20xx. She resided in XXxxx for 3 months before returning to Xxxxx. During her time in Xxxxxx, she lived with her parental guardian and did not have bills or her own residence. The HOR listed was her parental guardian's address before they moved back to Xxxxx. She returned to Xxxx and enlisted at the Bxxxxxxxxxx, Xxxxxx, recruiting station and processed through the Xxxx Xxxxxxx Military Entrance Processing Station. The correct address for the HOR shown on her DD Form 214 should be Xxxxx Xxxxx, Xx. 3. The applicant's birth certificate shows she was born in Xxxxxxxxx, Xx. 4. The State of Xxxxx House of Representatives Certificate, 20 May 2012, congratulated her on graduating high school. 5. Xxxx Xxxxxx Military Entrance Processing Station Orders 3xxxxx, 30 January 2013, show she enlisted in the U.S. Army in Xxxx Xxxxxxxx, TX, effective 5 February 2013. 6. Her DD Form 4, 5 February 2013, shows her HOR as Xxxxxxx, XX. 7. The personal in nature document, 6 February 2013, shows the following information: * HOR Address – Vxxxxx,XX * Current Address – Vxxxxxx, XX * Legal Address – Lxxxxxxxx, XX * Birth Address – Xxxxxxxxxx, XX 8. Her DD Form 93, 6 February 2013, shows her mother's address as Lxxxxxxxx, XX. 9. Her SGLI Election and Certificate, 6 February 2013, shows her mother's (beneficiary) address as Los Fresnos, TX. 10. She retired on 26 December 2016 by reason of permanent disability (enhanced). Her DD Form 214 shows in: * block 7a (Place of Entry into Active Duty – AXXXX, XX * block 7b (HOR at Time of Entry) – VXXXXXX, XX * block 19b (Nearest Relative) – VXXXXXXX, XX 11. Her Enlisted Record Brief, 27 December 2016, shows her HOR as VXXXXXX XX. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, her military record of service and documents provided by the applicant. Her initial DD Form 4 shows she entered active duty with the contested HOR. She did not have a break in service during her period of military service. Her DD Form 214 shows the contested HOR. The applicant has not provided sufficient evidence to show she had a break in service of 1 full day and that her HOR was changed. The HOR and place of entry into active duty entries on her DD Form 214, for the period ending 26 December 2016 were listed in accordance with law and regulatory guidance. Therefore, the Board denied relief. 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, U.S. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) governs processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment. Table 6-1 (DD Form 1966 (Record of Military Processing – Armed Forces of the United States) Instructions), states "HOR Address – Enter street, city, county, State, country, and ZIP code. Do not enter a temporary address. Address must be in U.S. or U.S. territory." 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) explains the documents required and the processes for updating specific data on the appropriate record brief. Paragraph 5-2 states the term "home of record" 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. Official source documents include the DA Form 71 (Oath of Office – Military Personnel), active duty letters/orders, appointment orders, DD Form 4, or DD Form 1610 (Request and Authorization for Temporary Duty Travel of Department of Defense Personnel) (used for effective date only). a. The HOR is used to determine travel entitlements when a Soldier separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, or any of the other privileges of State residency. b. The HOR can only be changed if there is a break in service of more than 1 day or to correct an error. Any change in connection with a break in service must be recorded on the DD Form 4 at reenlistment. Corrections to erroneous HOR information in personnel systems can be addressed within the S-1, unit administrator (Reserve Personnel Action Center), and/or military personnel division channels. c. Requests for changes to HOR with complete justification must be filed with the ABCMR. 4. The Joint Federal Travel Regulations state the HOR is the place recorded as the service member's home when commissioned, appointed, enlisted, inducted, or ordered to active duty. If there is a break in service of more than 1 full day, then the service member may change the HOR. If there is a break in service of less than 1 full day, then the service member may not change the HOR. A service member may correct the HOR if, through a bona fide error, the place originally named at the time of entry into the service was not the actual home. The correction must be justified and the corrected HOR must be the service member's actual home upon entering the service, not a different place selected for the service member's convenience. 5. Army Regulation 635-8 (Separation Processing and Documents), effective 10 February 2016, prescribed policy and procedural guidance relating to transition management. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The specific instructions for block 7b stated a Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command. 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 one full day, or it is determined by U.S. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005642 5 1