MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 March 2002                   
	DOCKET NUMBER:   AR2001064809

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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 be changed to Cadiz, KY.

APPLICANT STATES:  The applicant makes no additional statement but provides his Leave and Earnings Statement showing he pays Kentucky state taxes and his Kentucky State Driver’s License as supporting evidence.

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

It appears the applicant has had continuous service from 4 February 1983.  His Home of Record is currently Westerville, OH.

In the processing of this case, an advisory opinion was obtained from the Personnel Actions Branch, U. S. Army Enlisted Records and Evaluation Center.
That office noted that Army Regulation 601-280, table 11-1, item 3 states that a home of record can be changed only if a break in service exceeds one full day.  It noted that the Joint Federal Travel Regulation authorizes correction of the home of record 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.  That office also noted that military personnel may select a home anywhere in the United States and proceed thereto at Government expense at any time within 1 year from the date of retirement.  If the applicant contemplates retirement upon the completion of his current period of service, any change in his home of record at this time would be irrelevant for travel and transportation purposes.

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 this requirement.

2.  It appears the applicant has had continuous service since he first enlisted in 1983.  He has provided no evidence to show that his home of record of Westerville, OH was incorrect and should have been Cadiz, KY at the time he first enlisted.  There is no authority that would allow him to change his home of record without a break in service of at least 24 hours.

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

__inw___  __rjw___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064809	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.