MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 May 2000            
	DOCKET NUMBER:   AR2000035775

	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. Carl W. S. Chun		Director	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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 to Vincenca, Italy.

APPLICANT STATES:  In effect, that his home of record should be shown as CMR 427, Box 2152, Vincenca (sic:  Vicenza), Italy, and that 220 Old Greensboro Road, Danville, Virginia, should be deleted from his records.  In support of his request, he provides a copy of DA Form 1966/1 (Record of Military Processing Armed Forces of the United States), a copy of his enlistment orders, dated 22 December 1999, and an amended copy of these orders changing his home of record.

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

He initially enlisted in the Regular Army (RA) on 27 February 1989.  His home of record at that time was shown as Danville, Virginia.  He was trained as an Infantryman, military occupational specialty (MOS) 11B and as a parachutist, MOS 11B1P.  On 14 January 1993, he was assigned to Germany, then in June 1994 he was assigned to duties in Vincenza, Italy.

On 2 June 1996, he was released from active duty at the completion of his required service with credit for 7 years, 5 months and 7 days of total active service.  The highest rank he attained was pay grade E-4.  On 3 August 1996, he joined a troop program unit of the Army Reserve (USAR), in Columbia, South Carolina.  On 
17 March 1997, he transferred to a USAR unit in Vincenza, Italy.  

The applicant’s DD Form 214, issued on 2 June 1996, shows in item 7b (Home of Record at Time of Entry) as Danville, Virginia and in item 8b (Station where Separated) as the Transition Center, Vicenza, Italy.

On 22 December 1999, the applicant reenlisted in the RA for 3 years in pay grade E-4 at the Military Entrance Processing Station (MEPS), Richmond, Virginia.  DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows in item 3 (Home of Record) as Danville, Virginia.  He initialed page 1 on that form and signed page 2.  Also on that same date Orders 238-07 were issued by the MEPS showing that his home of record was “Danville, VA, 24540”.

The applicant’s DD Form 1966/1 does show in item 4 that his current address was in Danville, but that his home of record was “CMR 427, Box 2152, Vicenga, Italy 00000-0000”.

On 5 January 2000 Orders 003-20 were issued by the MEPS, Richmond, amending Orders 238-07 to show his home of record was “Vicenga, Italy 00000-0000”. 

Information concerning the applicant’s request is contained in the opinion 
(COPY ATTACHED) from the U.S. Army Enlisted Records and Evaluation Center (USAEREC).  That opinion essentially states that Federal regulations specify that the home of record as recorded at the time of entry into the relevant period of service, unless a bona fide error exists, is the correct home of record.  Any correction must be the actual home of record of the member upon entering the service, and not a different place selected for the member’s convenience.  Accordingly, the USAREC recommends disapproval.  

This opinion was referred to the applicant for his information and rebuttal if he desired.  He failed to respond.

Army Regulation 601-280, Table 11-1 item 3 prescribes that the Home of Record is the place recorded as the home of the soldier when entered into the current tour of active duty.  It is not necessarily the legal domicile as defined for income tax purposes.  Effective 1 January 1987, Home of Record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day, can the home of record be changed by the member. 

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve.  Chapter 5 of that regulation proscribes basic eligibility for prior service applicants for enlistment.  It establishes that the home of record is established at the time of enlistment or reenlistment.

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, 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.  His home of record was recorded on the DD Form 4/1 at the time of enlistment as Danville, Virginia.  He has failed to submit any documentation to show that his home of record at the time of his enlistment on 22 December 
l999 was in Italy.  Therefore, no error has been shown that would warrant a change in item 3 of his DD Form 4/1.

3.  The amendment on 5 January 2000 to his 22 December 1999 enlistment order by the MEPS, Richmond, showing a change of his home of record from Danville, Virginia, to a military address in Italy in no way changes the official recording of his home of record on the DD Form 4/1 at the time of enlistment.  

4.  In view of the foregoing, there is no basis to grant relief.

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

___JNS__  ___MDM   ___MW__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR200035775	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	A112.01	
ISSUES         1.	A100.00	
2.		
3.		
4.		
5.		
6.