MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:  25 August 1999
	DOCKET NUMBER:   AR1998007866

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his home of record be changed from Nashville, Tennessee to Omaha, Nebraska.

APPLICANT STATES:  In effect, that when he had an 8 month break in service, he stayed in Nashville, Tennessee and reentered the service a second time from his current location.

The applicant provided copy of his discharge orders 175-0030 with amendment order 292-0044.

EVIDENCE OF RECORD:  The applicant's military records show:

On 9 September 1988, he enlisted in the Regular Army from the Dallas, Texas Military Entrance Processing Station (MEPS) and was discharged on 
2 January 1992 with an Honorable characterization of service.

On 12 March 1993, he reenlisted in the Regular Army from Nashville, Tennessee MEPS for 3 years.  The applicant reenlisted a second and third time on 
18 September 1995 and 31 October 1996 for a total of 3 years without a break in service.

The Joint Federal Travel Regulation authorizes correction of a home of record only when through a bona fide error the place originally named at the time of current entry into the service was not in fact the actual home.  Any such correction must be the actual home of the member upon entering the service.

In accordance with Army Regulation 601-280, table 11-1, item 3, home of record can only be changed if a break in service exceeds one full day.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no authority to change a home of record as recorded at the time of entry into the relevant tour of active duty.  The Joint Federal Travel Regulation authorizes correction only when through a bona fide error, the place originally named at the time of current entry into the service was not in fact the actual home.  Any such correction must be justified and the home, as corrected, must be the actual home of the member upon entering the service, and not a different place selected for the member’s convenience.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__LS____  ___AR__  ___LE___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998007866	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990825	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  223	Home of Record	
2.		
3.		
4.		
5.		
6.