IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220003617 APPLICANT REQUESTS: to change to his home of record (HOR) to.” APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Live Birth * Naturalization document FACTS: 1. The applicant states, in effect, upon joining the military on 31 March 2004, he was instructed by his recruiter to input the state where he joined to be his HOR, which was. However, he is requesting it to be changed to as this is his place of birth and was his home prior to migrating to the in May 2001. He plans on going back to the Philippines upon retirement to care for his aging parents with health issues. 2. The applicant provides: a. Certificate of Live Birth, issued by the, shows he was born in the b. Naturalization document shows he was granted U.S. citizenship on 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 30 March 2004 for 3 years and 19 weeks. Item 3 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document) reflects b. He reenlisted three more times, keeping item 3 (Home of Record) as. His reenlistment dates are as follows: * 17 March 2006, 6 years * 31 January 2013, 3 years * 1 July 2015, Indefinite c. The applicant is currently assigned to Headquarters and Headquarters Company, 7th Special Forces Group, Eglin Air Force Base, as a senior supply sergeant. 4. 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. 5. 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, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. the HOR is the place recorded as the home of the individual when 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. The applicant’s enlistment and reenlistment documents clearly show his HOR as . The Board found no error or injustice. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING GT: SA: WC: 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. 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. 2. 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. 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. 3. 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// ABCMR Record of Proceedings (cont) AR20220003617 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1