PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            19 April 2000    
	DOCKET NUMBER:   AR1999030314

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his home of record be changed to Memphis, Tennessee.  

3.  The applicant states that he has no intention of going back to California; therefore, he wouldn’t want his household goods to go back there.

4.  The applicant entered the Delayed Entry Program on 25 April 1988.  He enlisted in the Regular Army on 11 October 1988 from the Military Entrance Processing Station in Memphis, Tennessee.  The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document) shows his home of record as San Diego, California.  His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) showed his current address as San Diego, California.  He reenlisted on 18 March 1992 and again on 15 June 1994.  His DD Forms 4/1 for these reenlistments show his home of record as San Diego, California. 

5.  This case was previously reviewed by the Board on 7 July 1999.  On the basis of the facts stated in paragraph 4 above, the Board did not grant relief.  Administrative review of the case after the Board’s consideration revealed that the U.S. Army Enlisted Record & Evaluation Center had not been provided the opportunity to render an advisory opinion.

6.  An advisory opinion, dated 12 August 1999, was obtained from the U.S. Army Enlisted Records and Evaluation Center.  The opinion points out that the applicant’s DD Form 4/3, dated 11 October 1988, shows the applicant enlisted in the Regular Army from Memphis, Tennessee.  It appears that the applicant’s mother lives in Tennessee and his father lives in California.  The applicant’s enlistment contract also shows that he resided with his father but also resided with his mother at her residence.  In conclusion, the U.S. Army Enlisted Records and Evaluation Center recommended that the applicant’s records be corrected to show his home of record as Memphis, Tennessee.

7.  On 3 November 1999 the advisory opinion was furnished to the applicant for his review and possible rebuttal (15 day suspense from date of letter).  However, there has been no rebuttal submitted to the Board.   

8.  Army Regulation 601-280 prescribes eligibility criteria currently available in the Army Reenlistment Program.  In pertinent part, it provides instructions for completing the DD Form 4 series upon immediate reenlistment in the Regular Army.  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. 

CONCLUSIONS:

1.  The applicant’s DD Form 4/3, dated 11 October 1988, shows he enlisted in the Regular Army from Memphis, Tennessee.      
2.  The foregoing is supported by the advisory opinion from the U.S. Army Enlisted Records and Evaluation Center.

3.  Based on the foregoing, the applicant’s records should be corrected to show this address as Memphis, Tennessee.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the “Home of Record” of the individual concerned is Memphis, Tennessee. 

BOARD VOTE:  

JPH__  EJA_____  VBC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James P. Huber
                                                        CHAIRPERSON

INDEX

CASE ID	AR1999030314	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.