MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002069208

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 Kosrae, Federated States of Micronesia (FSM).

APPLICANT STATES:  That his HOR is not Conyers, GA.  He resided in Conyers for about one year before he enlisted but his permanent home is in Kosrae, FSM.

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

He had prior service in the Army National Guard.  His Certificate of Release or Discharge from Active Duty, DD Form 214, for the period ending 17 February 1989 shows that his mailing address after separation was Guam.  He enlisted in the Regular Army on 27 December 1989.  His DD Form 214 for the period ending 12 December 1990 shows his HOR as Kosrae, Freely Associated States (as his country was known at the time).  

On 3 January 2001, the applicant reenlisted in the Regular Army.  Item 3 of his enlistment contract shows his HOR as Conyers, GA.

The applicant’s Application for Security Clearance shows that he worked at        C & D Technology in Conyers, GA from September 2000 to his enlistment; at Rockdale Hospital in Conyers, GA from August 1999 to September 2000; and at Perrys Smorgy in Honolulu, HI from December 1990 to August 1999.

Army Regulation 601-280, in pertinent part, provides instructions for completing the DD Form 4 series.  It defines the term “Home of Record” as the place recorded as the home of the person when he/she entered into the current tour of active duty.  This cannot be changed unless there is a break in service of at least one full day.

In the processing of this case, an advisory opinion was obtained from the U. S. Army Enlisted Records and Evaluation Center (EREC).  EREC opined that the Joint Federal Travel Regulation authorizes correction of the HOR 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.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He stated that it was a misunderstanding between his recruiter and himself on what was required in item 3 of the enlistment contract because it just stated Home of Record instead of Permanent or Temporary home of record.  In January 2002, one of his brothers passed away.  Because his HOR was not listed as Kosrae, FSM, he was not able to obtain Government travel to his home to attend the funeral.  
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, 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 Application for Security Clearance showed that he lived in Conyers, GA at the time he enlisted (i.e., it was not just a temporary address for the purpose of attending school or similar activities).  It met the regulatory definition of HOR.  He has not lived in Kosrae, FSM for more than 10 years.  The Board understands his attachment to his original and still his family’s home but it did not meet the regulatory specifications for his HOR at the time he enlisted in January 2001.

3.  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

__RVO__  __RTD__  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069208	
SUFFIX		
RECON		
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.01	
2.		
3.		
4.		
5.		
6.