MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 August 2001    
	DOCKET NUMBER:   AR2001051455

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 changed from Culver City, California to Boca Raton, Florida.

APPLICANT STATES:  In effect, that after 6 months in the military, his wife divorced him; that through the divorce settlement, she received the house in Culver City, California; and that he has not lived in California since 1992.

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

He entered into the Delayed Entry Program (DEP) on 21 February 1991.  On 16 April 1991, he enlisted in the Regular Army for 4 years.  His DD Form 4/1 (Enlistment/Reenlistment Document) shows his home of record address as Culver City, California.  His DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) as well as his Report of Medical History for enlistment also show his current address and/or his home of record address as the same Culver City, California address.

On 30 August 1995, at Fort Meade, Maryland, the applicant did an immediate reenlistment for a period of 4 years.  His DD Form 4/1 shows his HOR as Culver City, California.

On 2 April 2001, at Fort Huachuca, Arizona, the applicant did an immediate reenlistment for a period of 4 years.  His DD Form 4/1 again shows his HOR as Culver City, California.  The applicant is currently serving on active duty at Fort Huachuca, Arizona.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the United States Army Enlisted Records and Evaluation Center, Personnel Actions Branch, recommending that the applicant’s request be denied. The staff opined that there is no authority to change a home of record as recorded at the time of entry into the relevant period of service.  The staff further stated that 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 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.

On 29 January 2001, the staff of this Board provided the applicant a copy of the advisory opinion for his information and a possible rebuttal prior to the Board’s consideration of his case.  As of 10 August 2001, the applicant has not submitted a rebuttal.

Army Regulation 601-280 defines that the HOR is the place recorded as the home of the soldier when he entered into the current tour of active duty.  It is not 

necessarily the legal domicile as defined for income tax purposes.  Effective 1 January 1987, the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of duty.  Only when a break in service exceeds one full day, can the member change the HOR.

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 this requirement.

2.  The applicant’s address at the time that he entered the United States Army in an active duty status was Culver City, California.  There is no evidence that an error existed or that he had a break in service.  Additionally there is no evidence of record that the applicant tried to have this alleged error corrected prior to submitting his request to this Board.

3.  The Board determined that by regulation, Culver City, California is his home of record.

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

__JEV__  __BJE ___  __WDB__  DENY APPLICATION

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

INDEX

CASE ID	AR2001051455	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE	N/A Active Duty	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	112.0100	
2.		
3.		
4.		
5.		
6.