MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2001                   
	DOCKET NUMBER:   AR2000048627

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 his home of record on his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected duty to read Warwick, NY.

APPLICANT STATES:  That he never lived in New Jersey.  He lived on the border of New York and New Jersey.  When his recruiter met him, he was at a friend’s house in Hewitt, NJ.  The recruiter wrote that address on his Enlistment/Reenlistment Document – Armed Forces of the United States,        DD Form 4/1.  By the time he realized it, he was already sworn in.  He asked his recruiter to change it to his parent’s address in Warwick, NY but was told that it was too late.  Now he is living back home with his parents and attending college in New York.  The college is charging him out-of-state tuition due to the entry on his DD Form 214.  He provides his DD Form 214, his DD Form 4/1, a Certificate of Occupancy, his college registration schedule, an Application for VA Education Benefits, and a Request Pertaining to Military Records as supporting evidence.

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

He enlisted in the U. S. Army Reserve Delayed Enlistment Program on 16 April 1996.  His DD Form 4/1, item 3 shows his home of record as Hewitt, NJ.  His Record of Military Processing – Armed Forces of the United States, DD Form 1966/2, prepared on 9 April 1996 shows that he attended West Milford High School in West Milford, NJ from June 1992 to the present.  He had completed his Questionnaire for National Security Positions, SF Form 86, on 9 April 1996.  In item 9, he stated that he lived in Hewitt, NJ from October 1994 to the present.  In item 11, he listed his father as the individual who could verify his unemployment from April 1993 to the present.  He listed his father’s address as Hewitt, NJ.  In item 14, he listed his mother’s, his father’s, and one brother’s current addresses as Hewitt, NJ.  He signed the form, certifying that the statements on the form were true, complete, and correct to the best of his knowledge and were made in good faith.  He understood that a knowing and willful false statement on the form could be punished by a fine or imprisonment, or both.

On 16 August 1996, the applicant enlisted in the Regular Army and entered active duty.

On 17 March 1997, the applicant completed a Servicemembers’ Group Life Insurance Election and Certificate, SGLV Form 8286.  This form lists his parent’s address as Warwick, NY.

The Certificate of Occupancy provided by the applicant as supporting evidence is dated 18 December 1997.  It shows that it was issued to his parents for a one-family structure located in Warwick, NY.

On 15 August 2000, the applicant was released from active duty.  His DD Form 214, item 7b shows his home of record at the time of entry (on active duty) as Hewitt, NJ.

Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty.  It establishes standardized policy for preparing the DD Form 214.  In pertinent part, it states that item 7b will contain the soldier’s home of record.  “Home of Record” is the place recorded as the home of record of the soldier when commissioned, appointed, or enlisted.  This cannot be changed unless there is a break in service of at least 1 full day.  

The applicant’s DD Form 149 is dated 7 September 2000.  In item 13, he acknowledges that he made the statements on the form, as part of his claim, with full knowledge of the penalties involved for willfully making a false statement or claim.

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 this requirement.

2.  The applicant claims on his DD Form 149 that he never lived in New Jersey.  He claimed on his Questionnaire for National Security Positions that he lived in New Jersey from October 1994 to at least 9 April 1996.  He provides no evidence to show that he lived in New York at the time he entered active duty.

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

__rvo___  __wtm___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048627	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.01	
2.		
3.		
4.		
5.		
6.