MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           08 JANUARY 2002                   
	DOCKET NUMBER:   AR2001060803

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 (HOR) be changed to San Antonio, Texas.   

APPLICANT STATES:  He has resided in Texas for more than half of his military career – which his wife is now leaving.    

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

The applicant enlisted in the Army Reserve delayed entry program (DEP) for      8 years on 9 August 1993.  His enlistment document shows his HOR as         Evansville, Indiana.  He was discharged from the DEP effective upon his enlistment in the Regular Army for 4 years on 28 September 1993.  His record of military processing (DD Form 1996) shows the same HOR indicated above.   

The applicant reenlisted in the Army for 3 years on 5 June 1997 at Fort Sam Houston, Texas.  His HOR on his enlistment is that depicted above.  On             16 July 1998 he extended his enlistment for 16 months in order to meet service remaining requirements for a permanent change of station move.

In the processing of this case an advisory opinion was obtained from the Enlisted Records and Evaluation Center.  That agency stated that there was no authority to change a home of record as recorded at the time of entry into the relevant period of service.  The Joint Federal Travel Regulation authorizes correction only through a bona fide error, and not a different place selected for the member’s convenience.  A home of record can be changed only if a break in service exceeds one full day.

On 4 September 2001, a copy of the advisory opinion was furnished the applicant for his information and possible rebuttal.  He failed to respond.

Army Regulation 601-280 states that the Home of Record is the place recorded as the home of the soldier when 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, Home of Record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day, can the home of record be changed by the member.

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 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.

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.  The applicant’s home of record at the time of his enlistment and subsequent enlistments was Evansville, Indiana.  The applicant does not dispute this.  There is no authority to change his home of record for his convenience. 

2.  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

__LLS __  __RWA __  __TLP __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060803	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020108	
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.	223	
3.		
4.		
5.		
6.