IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220009746 APPLICANT REQUESTS: in effect, correction of block 7a (Place of Entry into Active Duty) and 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 28 December 2011, to show an address in the (requested Place of Entry and HOR) instead of the (contested Place of Entry and HOR). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2006 Tax Statement * Orders 234-003, Camp Atterbury, PO Box 5000, Edinburgh, IN 46124, 21 August 2008 * Statutory Notice to Purchasers of Real Property, 11 November 2008 * National Guard Bureau (NGB) Form 22-5 (Addendum to DD Form 4, Approval and Acceptance by Service Representative for Interstate Transfer in the Army National Guard) * Orders 018-256, Texas Military Forces, Army National Guard, PO Box 5218, Austin, TX 78763, 18 January 2010 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, in effect, he has lived in the requested Place of Entry and HOR state since 2005. He made his home there, graduated from 4 different colleges in the state and has purchased 7 different homes in the state. He requested his HOR be changed at the time of his discharge, but it was never changed. He believes the failure to change his HOR was an oversight, but the error has blocked him from accessing educational benefits within the requested HOR state. 3. The applicant enlisted in the U.S. Navy on 26 October 1982. He was honorably discharged at the expiration of his term of enlistment on 25 January 1990. 4. Having 7 years and 3 months of total active military service, the applicant enlisted in the California Army National Guard (CAARNG) on 3 March 2005. Item 3 (HOR) of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists the contested Place of Enlistment and HOR. 5. The applicant entered active duty on 6 June 2005. He was honorably released from active duty upon the completion of his required active service on 4 October 2006. The DD Form 214 he was issued lists the contested Place of Entry and HOR. 6. The applicant entered active duty on 13 April 2007. He was honorably released from active duty upon the completion of his required active service on 11 November 2008. The DD Form 214 he was issued lists the contested Place of Entry and HOR. 7. On 13 November 2008, the applicant voluntarily completed an interstate transfer from the CAARNG to the Texas Army National Guard (TXARNG) with continued membership in the Army National Guard of the United States and as a Reserve of the Army for the period remaining on his current enlistment, with expiration term of service of 3 March 2012. The original period of enlistment will not change on an interstate transfer and there was no break in service. 8. The applicant entered active duty on 15 February 2010. He retired honorably due to disability, temporary (enhanced) on 28 December 2011. The DD Form 214 he was issued lists the contested Place of Entry and HOR. 9. His records contain Orders 172-1109, 20 June 2012, which discharged him from the Army National Guard and assigned him to the Retired Reserve effective 28 December 2011. The order erroneously lists the requested HOR. 10. The applicant provides his 2006 Tax Statement and Statutory Notice to Purchasers of Real Property from the requested state. He further provides Orders 234-003, 21 August 2008 and Orders 018-256, 18 January 2010, which erroneously identify his HOR as the requested state. 11. 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s available military records the Board determined the home of record (HOR) and place of entry into active-duty entries on his DD Form 214, for the period ending 28 December 2011, were listed in accordance with law and regulatory guidance. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. Therefore, the Board denied relief. 2. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214, a summary of a specific period of active-duty service. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. 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. 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. 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. 4. 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) AR20220009746 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1