MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            5 October 2000    
	DOCKET NUMBER:   AR2000043798

	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:

	Shirley Powell		Chairperson	
	Elzey J. Arledge		Member	
	Jaime Perez		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) at the time of his initial entry on active duty in 1969 be corrected to reflect Jackson, Alabama vice Hammond, Louisiana.

APPLICANT STATES:  He was visiting his grandmother at the time of his enlistment but his permanent address was 1113 Miller Street, Jackson, Alabama.  He notes that he needs his HOR corrected in order to receive benefits under the "Alabama G.I. Bill."  He submits no evidence in support of his request.

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

He was born in Independence, Louisiana on 3 July 1950 and on 1 October 1969 enlisted in and entered active duty.  Documents associated with his initial enlistment and initial period of active duty were not available to the Board.  His initial enlistment, however, was accomplished in New Orleans, Louisiana.

On 15 June 1972 the applicant was honorably discharged from active duty under an early separation program for overseas returnee.  His 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects his HOR at the time of his entry on active duty as 107 W. Green Street, Hammond, Louisiana.  The applicant authenticated his DD Form 214.

In November 1972 the applicant reenlisted and served continuously until his retirement for length of service on 28 February 1990.  His HOR at the time of his November 1972 reenlistment was recorded as 1113 Miller Street, Jackson, Alabama and his February 1990 DD Form 214 reflects that address.

Army Regulation 601-210 stated, at the time, that the Home of Record was the place recorded as the home of the soldier when entered into the current tour of active duty.  It was 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.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or 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 currently 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 authorizes correction 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.

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 very possible that the applicant was at a temporary address at the time of his initial entry into active duty he has provided no evidence that such was the case and as such there is no basis for the Board to now correct his record.

2.  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.

3.  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

___eja__  ___jp___  ___sp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043798	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001005	
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.	110.00	
2.		
3.		
4.		
5.		
6.