MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000039078

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to show that his Home of Record (HOR) is Minneapolis, Minnesota, not Waterloo, Iowa.

APPLICANT STATES:  That this error has caused him great difficulty obtaining his entitlements.  He adds that he lived in Minneapolis for several months prior to enlisting.

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

He enlisted in the Regular Army for 3 years on 17 November 1986 and remained on active duty until honorably discharged on 17 March 1992.  In Block #7a of his DD Form 214, it shows the "Place of Entry Into Active Duty" as Minneapolis, MN, and in Block #7b it shows the "Home of Record at Time of Entry" as Waterloo, IA.

The applicant's DD Form 4/1, Enlistment/Reenlistment Document, lists an address in Waterloo, IA as the applicant's HOR in Block #3.  His enlistment paperwork also shows that he graduated from high school in Waterloo, IA in 1985.

Following separation, the applicant enlisted in the Iowa Army National Guard.  His DD Form 4/1, dated 2 June 1992, shows an address in Waterloo, IA as his HOR.

Army Regulation 635-5, Separation Documents, prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides, in pertinent part, that "The soldier's initial contract DD Form 4 is the source [for data concerning place of entry on active duty and home of record at time of entry]."  It further states that HOR " . . . is the place recorded as the home of record of the soldier when commissioned, appointed, enlisted or ordered to a tour of active duty.  This cannot be changed unless there is a break of service of at least 1 full day.  HOR is not always the same as the legal domicile as defined for income tax purposes."

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 this requirement.

2.  The applicant grew up in Waterloo, IA , graduating from high school there in 1985.  He gave a Waterloo, IA address as his HOR when completing DD Form 4/1 upon enlisting in 1986.  His DD Form 214 issued upon his separation on 17 March 1992 properly lists Waterloo, IA as his HOR.

3.  The applicant used a Waterloo, IA address to enlist in the Iowa Army National Guard in June 1992.

4.  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

___jdm__  __ra____  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039078	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	112.0100	
2.		
3.		
4.		
5.		
6.