MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  23 June 1999
	DOCKET NUMBER:   AR1999015783

	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:

	Ms. Margaret Patterson 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Gary F. Geraets		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 Salinas, California to Denton, Texas.

APPLICANT STATES:  That he no longer has family or relatives living in California and therefore requests to change his home of record to Texas.  Applicant claims that Texas is his true home of record.  He entered into the military while in California because that was his residence at the time.

The applicant provided no supporting documentation to support his request.

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

On 28 March 1990, he enlisted in the Army Delayed Entry/Enlistment Program from the Oakland, California Military Entrance Processing Station (MEPS) and on 31 October 1990 came on active duty in the Regular Army for a period of 4 years.

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 and not a different place selected for the member’s convenience.

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, and advisory opinion(s), 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.  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

__MP____  __LE___  ___GG__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015783	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990623	
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		
2.		
3.		
4.		
5.		
6.