MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:      25 February 1998 
	DOCKET NUMBER:   AC98-05433

	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.  The following members, a quorum, were present:

	Ms.	Joann H. Langston		Chairperson	
	Mr.	Calvin M. Fowler		Member	
	Ms.	Karen L. Wolff		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Analyst	

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

	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 (HOR) be changed to an address in Texas.

APPLICANT STATES:  That he plans to move to an address in Texas upon the expiration of his term of service (ETS).

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

The applicant enlisted in the USAR under the Delayed Entry Program on 4 January 1988 and indicated that his HOR was in Flint, Michigan.  At the time he enlisted in the USAR, he did so at the Military Entrance Processing Station in Detroit, Michigan.

On 21 January 1988, he enlisted in the Regular Army at the Jackson, Mississippi, Recruiting Battalion.  At that time he indicated that his HOR was West Helena, Arkansas, where his mother resided.

The applicant reenlisted on 2 October 1992 and 16 March 1995.  On both of his reenlistment contracts his HOR is indicated as being in Flint, Michigan.

A review of the applicant’s Official Military Personnel File (OMPF) fails to reveal that the applicant ever resided in Texas prior to his enlistment.

In the processing of this case the Enlisted Records and Evaluation Center (EREC) provided an advisory opinion which opined, in effect, that in accordance with the Joint Federal Travel Regulation, the HOR of a service member may only be changed when it is determined that 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 thus corrected, must be the actual home of the member upon entering the service, and not a different place selected for the member’s convenience.  

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

1.  At the time the applicant initially enlisted in the USAR he indicated that his HOR was Flint, Michigan.  At the time he entered active duty it appears that he indicated that his HOR was in West Helena, Arkansas, where his mother resided. 

2.  Inasmuch as the applicant has reenlisted twice since his initial enlistment and has indicated on both occasions that his HOR continues to be in Flint, Michigan, it must be presumed, in the absence of evidence to the contrary, that Flint, Michigan is his correct HOR.

3.  The applicant’s contention that his HOR should be changed to an address in Texas appears to be without merit and based solely on his convenience and is not a basis for changing a valid HOR.

4.  The Board notes that the applicant desires to have his HOR changed from Michigan to Texas because he plans to move there upon his ETS.  The Board also notes that should the applicant separate from his current station in Arizona, his travel and transportation entitlements will be based on his HOR in Michigan, which will afford him more entitlements than he would receive if the Board were to approve his request.

5.  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.

6.  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

 JHL     CF       KW   DENY APPLICATION

						Karl F. Schneider
						Acting Director