MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           2 April 2002                   
	DOCKET NUMBER:   AR2001065037

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect a different Home of Record (HOR) address (Block 7b) and a different nearest relative address (Block 19b).

APPLICANT STATES:  That she believes the record to be in error because it does not reflect the correct information for her HOR address and nearest relative name and address.  She submitted a copy of her DD Form 214 in support of her application.

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

On 14 October 1993, she enlisted in the Regular Army for a period of 4 years and served until honorably discharged on 4 June 1996.  She was released from active duty under the provisions of paragraph 16-5b, Army Regulation 635-200 by reason of non-retention on active duty and transferred to the United States Army Reserve Control Group (Annual Training).  She was credited with 2 years, 7 months, and 21 days of creditable military service.  

The applicant’s enlistment documents are not available; however, her DD Form 214 shows Bronx, New York, as her HOR; Miami, Florida, as her place of entry into active duty; and her nearest relative address as the same as her HOR (with her mother listed as her nearest relative).  The applicant verified this information and authenticated it with her signature in Block 21 of her DD Form 214.  

Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It prescribes the separation document that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army and establishes standardized policy for preparing and distributing the DD Form 214.  This regulation states that the soldier’s initial enlistment contract or any approved change by Enlisted Records and Evaluation Center (EREC) is the source of the data placed in Block 7.  Block 19b states that the soldier will provide the name and address of someone who will know their location at all times.

Army Regulation 601-280 (Army Retention Program) states that the HOR is the place recorded as the home of the soldier when he or she entered into the current tour of active duty.  It is not necessarily the legal domicile as defined for income tax purposes.  Effective 1 January 1987, the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of duty.  Only when a break in service exceeds one full day, can the member change the HOR.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The applicant has not shown that her HOR, as it appears in her military records, is incorrect.  That she or her nearest relative moved to another address at some point in time after enlistment does not invalidate her service records.  Furthermore, the applicant’s reserve obligation expired on 6 July 2001.  Therefore, the applicant is not required to keep the Army informed of current information on her nearest relative or any changes in her home of record address.

3.  The Board concludes that the HOR address in Block 7b and the nearest relative name and address in Block 19b are correct as entered on the applicant’s DD Form 214.  Absent any evidence to the contrary, the Board presumes government regularity in the preparation of the applicant’s DD Form 214 and the information contained therein.

4.  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

__WTM__  ___CLG_  ___RKS _  DENY APPLICATION

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

INDEX

CASE ID	AR2001065037	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960604	
DISCHARGE AUTHORITY	AR 635-200, 16-16b	
DISCHARGE REASON	Non-retention on active duty	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	112.0100	
2.		
3.		
4.		
5.		
6.