IN THE CASE OF:   
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20230005039 
 
 
APPLICANT REQUESTS: correction of his Home of Record (HOR) from the contested HOR (Dorado, PR) to the requested HOR (San Antonio, TX). He also request a personal appearance before the Board. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• DD Form 2058 (State of Legal Residence Certificate) 

• Orders 141-3, Headquarters, U.S. Army Garrison, Fort Buchanan, PR, 21 May 2003 

• Orders 339-4, Headquarters, U.S. Army Garrison, Fort Buchanan, PR,  


5 December 2003 
• DD Form 214 (Certificate of Release or Discharge from Active Duty) 


 
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 he signed a DD Form 2058, State of Legal Residence Certificate, during his reenlistment in 1997. When he applied for school, he tried to use benefits to pay tuition and it was noticed that his HOR is not correctly reflected. 
 
3.  The applicant enlisted in the Regular Army (RA) on 31 July 1980. Block 5 (HOR) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists the contested HOR (Dorado, PR). 
 
4.  The applicant subsequently reenlisted in the RA. Each of his DD Forms 4 lists the contested HOR. 
 
5.  On 21 May 2003, Headquarters, U.S. Army Garrison, Fort Buchannan, PR published Orders 141-3 honorably retiring him on 22 January 2003 and placing him on the retired list on 23 January 2003. The retirement orders listed the contested HOR (Dorado, PR).  
 
6.  On 22 January 2004, he retired honorably due to permanent disability. The DD Form 214 he was issued lists the contested HOR (Dorado, PR). 
 
7.  The applicant provides a DD Form 2058 which lists his requested HOR. This form is used for determining the correct State of legal residence for purposes of withholding State income taxes from military pay. The form also states “You should not confuse the State which is your "home of record" with your State of legal residence/domicile. Your "home of record" is used for fixing travel and transportation allowances.” 
 
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 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. 
 
8.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 
 
BOARD DISCUSSION: 
 
1.  The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
 
2.  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 of record shows upon his enlistment, the applicant listed his HOR as Dorado, PR. 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 HRC 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. Based on the preponderance of the evidence, the Board determined the HOR listed on the applicant’s DD Form 214 is not in error or unjust.  
 
 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/22/2023

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. 
 
4.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
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