MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 March 2002                        
	DOCKET NUMBER:   AR2001063061

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Walter T. Morrison		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 corrected to show an address in Magnolia, Texas 77355.

APPLICANT STATES:  That his mother passed away and his father moved to the address as stated above.  He submits no evidence in support of his request.

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

The applicant enlisted in the Regular Army on 2 May 1989 for a period of six years at the Military Entrance Processing Station (MEPS) located in San Diego, California.  His DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as El Paso, Texas 79925, in Block 3.

Block 4 (Current Address) of the applicant’s DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) indicates that he was residing at an address in Yuma, Arizona 85364 during his enlistment processing.  However, Block 5 (Home of Record Address) of this document shows his HOR as El Paso, Texas 79925.  His father, located at the El Paso, Texas, address, was listed as his next of kin.

Records show the applicant underwent a medical examination prior to his enlistment.  His Report of Medical Examination shows his home address as El Paso, Texas.

The applicant reenlisted on 6 October 1994 at the MEPS located in Fort Huachuca, Arizona.  At the time of his reenlistment, his HOR remained the same as listed on his initial enlistment contract.

He reenlisted again on 1 March 2001 at the MEPS located in Fort Polk, Louisiana, for an indefinite period.  His HOR remained the same.

The applicant is currently serving on active duty in the rank of sergeant first class.  

In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Actions Branch, U.S. Army Enlisted Records and Evaluation Center.  That office recommended that the applicant’s request for change of his home of record not be favorably considered.  The opinion points out that there is no authority to change a home of record as recorded at the time of entry into the relevant period of service.  It further points out 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 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.  The opinion referenced Army Regulation 601-280, Table 11-1, item 3, which states that a home of record can be changed only if a break in service exceeds one full day.

On 11 December 2001, the applicant was provided 30 days to submit matters in rebuttal to this opinion; however, he has not responded as of 18 January 2002.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program.  Table 11-1, item 3 (Home of Record) states that the street, city, state, and zip code will be entered.  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 Travel Regulation serves as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty.  It states, in pertinent part, that a correction must be based on evidence that a bonafide error was made and the home of the individual at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the soldier.

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 enlisted in the Regular Army on 2 May 1989.  At that time, his HOR was recorded as El Paso, Texas 79925.

2.  The applicant reenlisted on 6 October 1994 and 1 March 2001 with no break in service.  

3.  When the applicant reenlisted, his HOR remained the same as recorded on his initial enlistment contract.

4.  The applicant has provided no evidence to indicate that there is an error or injustice in his case.  Therefore, there is no basis for the Board to correct his records to show his HOR as Magnolia, Texas 77355.

5.  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.
6.  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

JL______  RWA_____  WTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063061	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
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.	112.0100	
2.		
3.		
4.		
5.		
6.