IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220009056 APPLICANT REQUESTS: correction of block 7b (Home of Record (HOR) at Time of Entry) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 January 2022, to show an address in APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Earnings Statement, 21 January 2022 FACTS: 1. The applicant states during his out-processing, the separation office would not update his HOR despite evidence of a civilian position and new address. 2. The applicant enlisted in the Regular Army on 21 March 2001. Block 3 (HOR) of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists the contested HOR. 3. On 16 October 2003, he was honorably discharged to accept a commission or warrant in the Army. The DD Form 214 he was issued for this period of service lists the contested HOR. 4. He was appointed as a warrant officer of the Army with continued active duty service (without a break) on 17 October 2003. 5. Orders 341-0218 issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell on 7 December 2021, retired him on 31 January 20022 and placed him on the retired list effective 1 February 2022. The retirement orders list the contested HOR. 6. He retire don 31 January 2022 and he was placed on the retirement list in the rank/grade of Chief Warrant Officer Four/CW4 on 1 February 2022. His DD Form 214 for this period of service lists the contested HOR in Block 7b 7. The applicant provides an Earnings Statement, pay date 21 January 2022, from the requested state HOR. 8. 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 applicant listed as his HOR when he enlisted. He also served as a warrant officer, without a break in service, until he retired in January 2022. His DD Form 214 correctly 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. 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. 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. 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. 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. 2. A Soldier's initial enlistment contract or order to active duty is the source document for the Place of Entry into Active Duty. 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 Command Summer Camp or Gold Bar Recruiting duties). Army National Guard and U.S. Army Reserve 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. 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) AR20220009056 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1