MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 October 2000   
	DOCKET NUMBER:   AR2000039493

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda d. Simmons		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:  In effect, that his home of record (HOR) on his November 1996 enlistment document be corrected to reflect Georgetown, Illinois vice Ardmore, Oklahoma.

APPLICANT STATES:  At the time of his first enlistment his HOR was recorded as 113 E. 14th Street, Georgetown, Illinois but when he reenlisted in November 1996 they recorded his “current” address as his HOR record.  In support of his request he submits a copy of his initial enlistment document and his November 1996 enlistment document.

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

On 9 November 1990 the applicant enlisted in the United States Army Reserve (USAR) under the Delayed Entry/Enlistment Program with the intention of enlisting in the Regular Army for a period of 3 years.  At the time of his initial enlistment his HOR was recorded as 113 E. 14th Street, Georgetown, Illinois.  On 25 July 1991 he requested discharge from the USAR and enlisted in the Regular Army.

The applicant remained on active duty until completion of his initial enlistment contract and was honorably discharged on 24 July 1994.  He was processed for separation at Fort Sill, Oklahoma and listed Danville, Illinois as his address following separation.

On 31 August 1996 the applicant enlisted in the Oklahoma Army National Guard for a period of 6 years.  His HOR at the time of his enlistment in the National Guard was recorded as 4411 West Broadway, Ardmore, Oklahoma.  He enlisted in the Regular Army on 20 November 1996 and his HOR remained the same as at the time of his enlistment in the National Guard.

The applicant remained on active duty until 14 September 2000 when he was voluntarily discharged at Fort Sill for the purpose of attending school.

Information contained on a security clearance questionnaire, which the applicant completed as a part of his 1996 enlistment, indicates that following his 1994 discharge he resided in Herrin, Illinois and worked for the Chicago Tribune in Carbondale, Illinois.  In October 1995, prior to his enlistment in the Oklahoma Army National Guard he moved to Ardmore, Oklahoma where he worked as a driver for the Joe Brown Company in Ardmore.  He was residing and working in Ardmore, Oklahoma at the time of his 1996 enlistment in the Oklahoma Army National Guard.

Army Regulation 601-210 provides the policies and procedures for the preparation of enlistment contracts.  It states, in pertinent part, that the HOR address entered on the enlistment contract will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment.  A temporary address will not be entered.

The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It may not be a place selected for the convenience of the soldier.

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.  While it is clear that the applicant was residing in Georgetown, Illinois at the time of his initial enlistment in 1990 the evidence confirms that he was residing and working in Ardmore, Oklahoma at the time of his 1996 enlistment in the Oklahoma Army National Guard and subsequent enlistment in the Regular Army.

2.  Because the applicant had a break in service between his two periods of enlistment, his Ardmore address would have been considered his “actual home” at the time of his entry into his 1996 “relevant period of service.”  There is no evidence, and the applicant has not provided any, which confirms that the Ardmore address was merely a “temporary” address at the time of his 1996 enlistment and as such there is no basis to correct his record.

3.  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 that requirement.

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

__bje___  ____lds_  ____rvo_  DENY APPLICATION

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

INDEX

CASE ID	AR2000039493	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001017	
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.	112.00	
2.		
3.		
4.		
5.		
6.