MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 March 2001     
	DOCKET NUMBER:   AR2000047627

	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	
	Regan K. Smith		Member	
	John P. Infante		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 her Home of Record (HOR) be corrected to reflect Monrovia, California vice Wilmington, Ohio.

APPLICANT STATES:  She was living with a friend at the time she joined the Army and that it was her recruiter who listed the Ward Road address in Wilmington, Ohio as her HOR.  She notes that her family resides in Monrovia, California and that is where she is currently residing.  She submits no evidence in support of her request.

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

She enlisted on 28 January 1998 at the Columbus, Ohio MEPS (Military Enlistment Processing Station).  At the time of her enlistment the Ward Road, Wilmington, Ohio address was listed as her HOR.

According to information contained on the applicant’s Questionnaire for National Security Positions (Standard Form 86) the applicant was born in North Carolina in 1979 and graduated from high school in Ohio in 1997.  The applicant indicated that she had been residing at the Ward Road address since January 1986 and that her mother, Phyllis, was at the same address.  The applicant’s entire employment history, prior to her enlistment, was in Ohio and she had an Ohio driver’s license.

In April 2000 the applicant petitioned the Board to correct her HOR to show West Covina, California vice Wilmington, Ohio because her family had relocated there after her enlistment.  She was informed, via correspondence, that there was no evidence of error or injustice in her HOR as recorded in her military personnel records and that the fact that her family had relocated subsequent to her enlistment was not a basis to change her initial home of record.

On 18 October 2000 she was honorably discharged from active duty.  She indicated on her DD Form 214 (Certificate of Release or Discharge from Active Duty) that she would be residing at an address in Monrovia, California following separation and that her nearest relative (her mother Phyllis) was residing in New Vienna, Ohio.

In the processing of this application an advisory opinion was provided by the U.S. Army Enlisted Records and Evaluation Center.  They noted the applicant’s residence and employment history in Ohio and recommended that her request to change her HOR be denied.  The applicant was provided an opportunity to comment on the advisory opinion but did not respond to the Board’s 3 November 2000 letter.

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, and advisory opinion(s), 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.  The evidence clearly indicated the applicant had been residing at the Ward Road address in Wilmington, Ohio since 1986, completed high school and was employed in Ohio prior to enlisting in the Army in 1998.  There is overwhelming evidence that Wilmington, Ohio was the applicant’s permanent address at the time of her enlistment and as such was properly recorded as her HOR.

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

___sp___  ___rks__  ___jpi__  DENY APPLICATION

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

INDEX

CASE ID	AR2000047627	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
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.	112.01	
2.		
3.		
4.		
5.		
6.