MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 December 2001                  
	DOCKET NUMBER:   AR2001059434

	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 N. Slone		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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:  That he plans to reside in California with his brother on his return from overseas.  He also states his parents have divorced since his enlistment.

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

The applicant enlisted in the Regular Army on 18 August 1996 for 5 years.  His HOR was shown as Chino Valley, Arizona.

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.  It was recommended that the requested action be denied.

The opinion was forwarded to the applicant for rebuttal on 24 August 2001 and returned undeliverable on 18 September 2001.  The opinion was forwarded to the applicant at his new address on 24 October 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 in the state of Arizona prior to and during his period of active duty service.  Pertinent regulations specify a HOR can be changed only if there is a break in service exceeding one full day.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_jns____  __le___  __tbr___         DENY APPLICATION

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

INDEX

CASE ID	AR2001059434	
SUFFIX		
RECON		
DATE BOARDED	20011220	
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.