PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  12 January 2000
	DOCKET NUMBER:   AR1999018224

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

	Mr. Theodore G. Heartley .		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her military records be corrected by showing that her home of record (HOR) was Chicago, Illinois.

3.  The applicant states, in effect, that at the time of her entry into military service, she provided place of birth information that was also erroneously recorded as her HOR.  She adds that correcting her records would make her eligible for state veterans’ benefits.  She included a copy of her August 1992 military leave and earning statement and a copy of a 1992 state of Illinois unemployment insurance benefits statement.

4.  The applicant’s military records show that she initially enlisted on 8 December 1978.  Her enlistment documents show that she was born in Earl, Arkansas on 21 September 1961.  These documents further show a prior 10-year Chicago residency history and she was residing with her mother and brother at 1244 S. Millard Avenue in Chicago, at the time she entered active duty.  She had two subsequent reenlistments without a break in service on 19 March 1985 and 4 January 1991.  These reenlistment documents indicated that her HOR was Chicago. 

5.  Her DD Form 214, separation document, shows that she was separated in the rank of staff sergeant on 23 September 1992 in accordance with the provisions of Army Regulation (AR) 635-200, Chapter 16, and the enlisted voluntary early transition program.  She had completed 13 years, 9 months and 16 days of active federal service.  She also received payment under special separation benefit of $40,733.55.  Her DD Form 214 also indicated that her HOR at the time of entry was Earl, Arkansas.

6.  There is no authority to change a HOR as recorded at the time of entry into the relevant tour of active duty.  However, the Joint Federal Travel Regulation authorizes correction only when through a bona fide error, the place originally named at the time of the current entry into 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.  Additionally, AR 601-280, Table 1-1, Item 3, provides that a HOR can be changed only if a break in service exceeds one full day.

CONCLUSIONS:

1.  The Board is satisfied that the applicant’s records substantiate that she had established long term residency in Chicago, Illinois at the time she entered active military service.  Therefore, the Board attributes the HOR entry on her DD Form 214 of Earl, Arkansas, her place of birth, to administrative error.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

	a.  changing the home of record entry as reflected on the DD Form 214 of the individual concerned from Earl, Arkansas to Chicago, Illinois; and

	b.  issuing her a DD Form 215, Correction to the DD Form 214.

BOARD VOTE:  

__JS___  __IW___  ___LS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR1999018224	
SUFFIX		
RECON	NA	
DATE BOARDED	20000112	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920923	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	ENLISTED VOL EARLY TRANSITION 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.