MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            23 August 2001                  
	DOCKET NUMBER:   AR2001055018

	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, Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Ms. Paula Mokulis		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:  Correction to his home of record (HOR).

APPLICANT STATES:  In effect, his address has changed from Laurelton, New York to St. Thomas, Jamaica, West Indies.  He further states his discharge is fast approaching and he is now requesting a change of his HOR.  He submits a copy of a DD Form 2058 (State of Legal Residence Certificate) dated 30 June 2000 in support of his request.

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

The applicant enlisted in the Regular Army at Brooklyn, New York on 6 August 1997 for 4 years.  His HOR was shown as St. Albans, New York.

DD Form 2058 (State of Legal Residence Certificate) is used to specify an individual’s legal residence for tax purposes and indicates that this address should not be confused with the HOR.

The Chief, Personnel Actions Branch, Enlisted Records and Evaluation Center, expressed the opinion that the request for change of HOR is not favorably considered as there is no authority to change a HOR as recorded at the time of entry into the relevant period of service.  The Joint Federal Travel Regulation authorizes correction only when through a bona fide error, the place originally named at time of current entry into the 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.  In accordance with Army Regulation 601-280, table 11-1, item 3, HOR can be changed only if a break in service exceeds one full day.  The soldier completed DD Form 2958 on 30 June 2000 and where residency is established is irrelevant to a soldier’s HOR.  The applicant was living and working in New York for 13 years prior to entering active duty and was 33 years old when he entered.  He had established New York as his HOR.  It was recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for rebuttal on 7 June 2001.  He did not respond.

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 view of the circumstances in this case, the applicant is not entitled to correction of his HOR.  He has not shown error, injustice, or inequity for the relief he now requests,

2.  His records show his HOR as New York prior to and during his period of active duty service.  Pertinent regulations specify that a HOR can be changed only if there is a break in service exceeding one full day.

3.  The DD Form 2058 he submits shows his legal residence for tax purposes, not his HOR.  The form advises individuals not to confuse the residence selected for tax purposes as their HOR.   

4.  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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_pm_____  _jhk____  _tl_____     DENY APPLICATION

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

INDEX

CASE ID	AR2001055018	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.	112.01	
3.		
4.		
5.		
6.