IN THE CASE OF: 

		BOARD DATE: 28 February 2023

		DOCKET NUMBER: AR20220004919


APPLICANT REQUESTS:  correction of the Place of Entry and Home of Record (HOR) 
listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to 
show the 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	Online application and signature page in lieu of a DD Form 149 (Application for 
Correction of Military Record)
*	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, during his exit interview from Germany he did not have a 
permanent address in the United States, so he provided his aunt's address, which is the 
contested address. 

3.  The applicant enlisted in the Regular Army on 14 May 2003 at the Los Angeles, 
California Military Entrance Processing Station. Block 3 (HOR) of his DD Form 4/1 
(Enlistment/Reenlistment Document – Armed Forces of the United States) lists the 
contested HOR and contested Place of Enlistment/Reenlistment. 

4.  His Standard Form 86 (Security Clearance Application), 16 April 2003, item 4 
(Where You Have Lived) shows he lived at the contested HOR since 1 March 2001. 
There is no evidence he ever lived at the requested HOR prior to his enlistment. 

5.  On 2 June 2006, he was honorably discharged. The DD Form 214 he was issued 
correctly lists the contested HOR and contested Place of Entry into Active Duty. 

6.  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 1 full day, or it is determined by the U.S. 
Army Human Resources Command (AHRC) 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.

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 
evidence shows the applicant listed his address as upon enlistment at the Los Angeles 
MEPS. He also listed his HOR as. The HOR is the place recorded as the HOR of the 
Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty. 
There is no evidence the applicant entered active duty in or requested/was approved to 
have as his HOR while on active duty. 


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 635-8 (Separation Processing and Documents) provides the 
policies and procedures for separation documents. It states, in pertinent part, a Soldier's 
initial enlistment contract or appointment document is the source for this data. Regular 
Army enlisted Soldiers normally enter active duty at the military entrance processing 
station. 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 1 full day, or it is determined by the AHRC 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.

3.  The Joint Federal Travel Regulation provides 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. It must not be a place selected for the convenience of the Soldier.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004919


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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