MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 January 2000                   
	DOCKET NUMBER:   AR1999031689

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 records be corrected to show his home of record as California.

APPLICANT STATES:  That when he was commissioned, he did not understand the home of record and gave the state where he was a college student (Maryland).  He never intended to return to Maryland upon retirement.  He intends to live in California upon retirement.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  

In the processing of this case, an advisory opinion was obtained from the U. S. Total Army Personnel Command (PERSCOM), Officer Personnel Records Branch.  That office determined that a review of the applicant’s Official Military Personnel File (OMPF) does not substantiate a change of his home of record.  However, he was informed of the changes to the Department of Defense Joint Federal Travel Regulation (JFTR) which now states that a member on active duty who retires with pay immediately following at least eight years of continuous active duty service is entitled to travel and transportation allowances to a home selected any place in the United States.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

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 the aforementioned requirement.

2.  The applicant’s records are not available, so it is not possible for the Board to determine when he entered active duty or where he may have permanently resided at the time he entered on active duty and he provides no evidence to show California was the correct home of record.  PERSCOM noted that a review of his OMPF indicated there was no evidence of record to substantiate a change of his home of record.  The advisory opinion also indicated that he most likely has over eight years of continuous active duty and may be nearing his retirement eligibility point.  In that case the Board can grant no effective relief.  The JFTR already provides that a member on active duty who retires with pay immediately following at least eight years of continuous active duty service is entitled to travel and transportation allowances to a home selected any place in the United States.

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

__ejo___  __jdm___  __jma___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031689	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.