MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                         9 November 2000
	DOCKET NUMBER:                 AR2000045358

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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 item 3 (Home of Record) on his DD Form 4/1 (Enlistment/Reenlistment Document) be corrected to show Fairbanks, Alaska, instead of Berlin Center, Ohio. 

APPLICANT STATES:  In effect, that he was residing in Fairbanks, Alaska at the time of his reenlistment, that his unit was stationed at Fort Wainwright and that he was serving in Sinai, Egypt when he reenlisted in October 1998.  He also 
states that he was told that Fairbanks, Alaska would become his home of record and that it would be entered on his enlistment contract.  In support of his application he submits two copies of his DD Forms 4/1.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 20 June 1996.  He reenlisted on 20 October 1998 and is currently assigned to Fort Campbell, Kentucky as a team leader.

Item 3 (Home of Record) of the applicant’s DD Form 4/1 dated 20 June 1996 and 20 October 1998 shows his home of record as Berlin Center, Ohio.  The applicant’s initials appears at the bottom each DD Forms 4/1.

In the processing of this case, a staff advisory opinion was provided by the 
Chief, Personnel Actions Branch of the U.S. Army Enlisted Records and Evaluation Center.  The applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over 
45 days.

The Chief, Personnel Actions Branch indicated that the applicant’s request for change of home of record is not favorably considered as there is no authority to change a home of record as recorded at the time of entry into the relevant period of service.  The Joint Travel Regulation authorizes correction only when through a bonafide error, the place originally named at the current entry into the service was not in fact the actual home.  The Chief also stated that 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.  The Chief further stated that in accordance with Army Regulation 601-280, table 11-1, item 3, home of record can be changed only if a break in service exceeds one full day.  The advisory opinion concluded that the applicant enlisted in the Regular Army on 20 June 1996 and was residing in Ohio at the time of entry and that his first assignment was in Alaska where he served from October 1996 until June 1999.  

The Joint Travel Regulation serves as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty.  It states, in pertinent part, that a correction must be based on evidence that a bonafide error was made and the home of the individual at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the soldier.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program.  Table 11-1, item 3 (Home of Record) states that the street, city, state, and zip code will be entered.  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 revelant 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.

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(s), it is concluded:

1.  The Board noted the applicant’s contentions that he was residing in Fairbanks, Alaska, at the time of his reenlistment, that his unit was stationed in Fort Wainwright, Alaska, that he was serving in Sinai, Egypt when he reenlisted in October 1998 and that he was informed that Fairbanks, Alaska would become his home of record.  The Board also notes that the applicant has provided no documentation to support his contention that his home of record was incorrectly entered in item 3 (Home of Record) of his DD Form 4/1.  

2.  Evidence of record clearly shows his home of record as Berlin Center, Ohio and that he authenticated the bottom of his DD Form 4/1 with his initials.  Therefore, there is no basis to correction item 3 (Home of Record) of his DD Form 4/1 to show Fairbanks, Alaska as his home of 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 this 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:

JLP_____  BJL_____  OWT____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000045358	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	ACTIVE DUTY	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  223		
2.		
3.		
4.		
5.		
6.