MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 January 2001 
	DOCKET NUMBER:   AR2000043929

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester E. Echols		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) be corrected to reflect Pasco, Washington vice Killeen, Texas.

APPLICANT STATES:  When he initially entered active duty his HOR was in Washington and when he separated from active duty in June 1997 it was intention to relocate back to Washington.  He notes, however, that because of “personal obligations” at the time he was unable to do so and remained in Texas where he reenlisted in January 1998 and returned to active duty.  The applicant states his “intention was and still is to return to Washington upon completion of [his] Military Service.”  The applicant submits a copy of his 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

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

He was born in Germany and attended high school in Virginia between 1989 and 1991.  On 7 August 1991, while residing on Peyote Drive in Pasco, Washington the applicant enlisted in the Delayed Entry Program at the Military Entrance Processing Station (MEPS) located in Spokane, Washington.  He was almost 18 at the time of his enlistment.  His enlistment document indicated that it was his intention to enter active duty not later than 14 July 1992.

On 14 July 1992 the applicant finalized his active duty enlistment documents at the MEPS in Dallas, Texas.  At the time of his active duty enlistment he indicated that he was residing on Greenlee Drive in Killeen, Texas, the address of his parents.  On 28 June 1997 the applicant was honorably discharged from active duty.  His mailing address after separation was listed as Pilgram Drive, Killeen, Texas on his DD Form 214 although his HOR was listed as Pasco, Washington.  His mother, located on Greenlee Drive, was listed as his nearest relative.

On 13 January 1998 the applicant reenlisted and returned to active duty.  His address at the time of his reenlistment was recorded as Pilgram Drive, Killeen, Texas and his reenlistment document indicated that he was employed as a driver for Schneider NTL Carrier located in Killeen.  His parents were still located at Greenlee Drive in Killeen at the time of his 1998 reenlistment.

Army Regulation 601-210 provides that 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.  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.  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.

2.  While the applicant may have intended to return to Washington at some point that intention is not sufficient to conclude that an error occurred in the recording of his HOR at the time of his 1998 reenlistment.  

3.  The evidence in available records tends to support a conclusion that the address he was residing at in Killeen, Texas at the time of his 1998 reenlistment was not a “temporary” address.  It was the address he listed as his address following his 1997 separation from active duty, was still his address at the time of reenlistment in January 1998 and a company based in Killeen employed him.  The Board also notes that while the applicant’s HOR when he initially enlisted in 1991 may have been Pasco, Washington, when the applicant entered active duty in 1992 he was residing in Killeen, Texas.

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

___jh___  ____kah_  ___le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043929	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.