MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

BOARD DATE:            17 July 2003                            
	DOCKET NUMBER:    AR2003083468

	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. Antoinette Farley	 	Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell 		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: In effect, that her DD Form 214 (Report of Separation) dated 13 August 1999 be corrected to show: Item 7b, Home of Record (HOR), as Chicago, Illinois instead of Pulaski, New York.  

APPLICANT STATES:  In essence, she originally enlisted in the service in Chicago, Illinois; she therefore, entered this information on her (Wage and Tax Statement) Form W-2 for the tax year (TY 1998).   She adds, that unless her 
DD Form 214, shows her HOR as Chicago, Illinois and not New York when placed on Active Duty she will have to pay state taxes for the TY 1998,  thereby incurring an undue hardship.   In support of her request, she provided four DD Forms 214 with her application, a copy of her DD Form 215 (Correction to DD Form 214), dated 6 February 1992 and a copy of her W-2 for the TY 1998.

EVIDENCE OF RECORD:  The applicant's military records are incomplete with the exception of the four DD Forms 214, which she provided with her application as supportive evidence. The applicant’s initial DD Form 214 shows she served in the U. S. Navy from 6 February 1976 to 5 May 1978 and she was honorably separated after completing 2 years, 3 months and 00 days of active duty.  The applicant’s HOR at the time of entry is shown in Item 8b, as Chicago, Illinois.  

The following DD Form 214 shows that; on 25 February 1991, she entered active duty in the United States Army Reserve (USAR), as a second lieutenant in support of operation Desert Shield/Desert Storm.  She served until 27 June 1991, and was released at the expiration of her term of service with an honorable discharge.  The applicant’s HOR at the time of entry’s shown in Item 7b as Fort Huachuca, Arizona.
 
The applicant was also issued a DD Form 215 (Correction to DD Form 214) dated 6 February 1992, which corrected Item 6, Reserve Obligation Date, Item 9, Command to which Transferred, Item 17, Member was provided complete Dental Examination, and Item 18, Remarks.   
 
The third DD Form 214 shows that she served as a second lieutenant in the USAR, from 11 December 1995 to 5 September 1996.  In Item 7b, her HOR is listed as Friedberg, Germany.  

On 28 March 1997, ARPC-ARO A516, Orders R-03-002076 issued by the U. S.  Army Reserve Personnel Center, St. Louis, Missouri, ordered the applicant to active duty for a period of 3 years in The Active Guard/Reserve (AGR) program.  

On 14 April and 1 May 1997, orders amended the applicant’s Temporary Duty (TDY) reporting date and her authorization to move dependents and ship household goods.
`
The last DD Form 214 shows she also served as a second lieutenant in the USAR, from 6 July 1997 to 13 August 1999 and was released from Active Duty with an honorable discharge.  Item 7b, shows that her HOR was Pulaski, New York.

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, 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 has failed to submit any documentation to show that her 
home of record at the time of her periods of service in the United States
Army originated in Chicago, Illinois.  Therefore, no error has been established that would warrant correction to the applicant’s DD Forms 214.

3.  In view of the foregoing, there is no basis to grant relief.

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

      JHL        RKS            JTM        DENY APPLICATION

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

INDEX

CASE ID	AR2003083468	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030717	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	A100.0000	
2.		
3.		
4.		
5.		
6.