MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           7 February 2002
	DOCKET NUMBER:   AR2001062612

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		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:  That his home of record (HOR) for his last period of service be changed to “General Delivery, Fort McCoy, Florida” and that a DD Form 215 (Correction to DD Form 214) be issued reflecting this change.

APPLICANT STATES:  In effect, that when he reenlisted on 10 October 1989, his HOR was Fort McCoy, Florida.  

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

He was inducted into the Army of the United States for 2 years on 7 February 1967.  On 16 November 1968, he enlisted in the Regular Army (RA) for 3 years.  He reenlisted on 3 February 1971 for 3 years, but he was separated with a General Discharge on 5 December 1973.  He had a total of 6 years, 2 months, and 24 days of creditable active Federal service and 241 days of lost time on his last period of service.

The applicant next enlisted in the West Virginia Army National Guard (WVARNG) on 18 August 1979.  He served until 27 March 1981 when he was honorably discharged from the WVARNG and as a Reserve of the Army.

The applicant then enlisted in the United States Army Reserve (USAR) for 1 year on 10 January 1984.  His DD Form 4/1 (Enlistment/Reenlistment Document) showed his HOR as South Point, Ohio, in the appropriate block (Block #5).

On 1 December 1984, the applicant immediately reenlisted for a period of 3 years.  He then extended that reenlistment for 29 days making his expiration term of service (ETS) date 8 January 1988.  He was then ordered to 3 years’ active duty as a USAR field recruiter in the AGR (Active Guard/Reserve) program on 5 January 1985.  For this reenlistment action, the applicant’s DD Form 4/1 also showed his HOR address as South Point, Ohio.

The applicant remained on active duty as a field recruiter in the AGR program assigned to a recruiting office in Manchester, Connecticut.  On 10 August 1987, he once again extended his 1 December 1984 reenlistment, this time by 2 years, 8 months, and 29 days to 7 September 1990.  On 10 October 1989, he executed an immediate reenlistment for a period of 6 years.  This time his DD Form 4/1 showed his HOR as Middletown, Connecticut; however, his active duty orders, dated 19 September 1989, showed his HOR as South Point, Ohio.  Concurrent with his latest immediate reenlistment, the applicant was reassigned to the US Army Recruiting Battalion, Beckley, West Virginia.

Department of the Army Orders Number D190-20, dated 30 September 1994, placed the applicant on the Temporary Disability Retired List (TDRL), effective 8 October 1994.  On 23 October 1996, he was removed from the TDRL and permanently retired.  The applicant was living in West Virginia at the time of his retirement.

Army Regulation 601-280 (Army Retention Program) states that the HOR is the place recorded as the home of the soldier when he entered onto 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 was defined as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered onto 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, 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 HOR as listed on his DD Form 4/1 at the time that he entered the USAR on 10 January 1984 was South Point, Ohio.  From that time on, through his entry onto active duty in the AGR program on 5 January 1985, to his removal from active duty and placement on the TDRL on 8 October 1994, the applicant never had a break in service.  His HOR thus remained South Point, Ohio.

3.  The DD Form 4/1, dated 10 October 1989, which listed the applicant’s HOR as Middletown, Connecticut, is incorrect.  That document identified an immediate reenlistment with no break in service.  Therefore, the original enlistment document of 10 January 1984, which showed South Point, Ohio as the HOR, remained in force.

4.  The Board finds no evidence of record that indicates the applicant’s HOR was ever Fort McCoy, Florida, or that the applicant ever resided in Florida prior to entry onto any period of active duty, or anytime during his military service.  The Board concludes that, by regulation, South Point, Ohio is the applicant’s correct HOR.

5.  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

__FNE___  __MKP_  __LE           DENY APPLICATION

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

INDEX

CASE ID	AR2001062612	
SUFFIX		
RECON		
DATE BOARDED	20020207	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19941007	
DISCHARGE AUTHORITY	AR 635-40, paragraph 4-24e(2)	
DISCHARGE REASON	Retirement	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	112.0100	
2.		
3.		
4.		
5.		
6.