| Mr. Carl W. S. Chun | Director | |
| Ms, Stephanie Thompkins | Analyst |
| Mr. John H. Kern | Chairperson | |
| Ms. Paula Mokulis | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: Correction to his home of record (HOR).
APPLICANT STATES: In effect, his address has changed from Laurelton, New York to St. Thomas, Jamaica, West Indies. He further states his discharge is fast approaching and he is now requesting a change of his HOR. He submits a copy of a DD Form 2058 (State of Legal Residence Certificate) dated 30 June 2000 in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army at Brooklyn, New York on 6 August 1997 for 4 years. His HOR was shown as St. Albans, New York.
DD Form 2058 (State of Legal Residence Certificate) is used to specify an individual’s legal residence for tax purposes and indicates that this address should not be confused with the HOR.
The Chief, Personnel Actions Branch, Enlisted Records and Evaluation Center, expressed the opinion that the request for change of HOR is not favorably considered as there is no authority to change a HOR as recorded at the time of entry into the relevant period of service. The Joint Federal Travel Regulation authorizes correction only when through a bona fide error, the place originally named at 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. In accordance with Army Regulation 601-280, table 11-1, item 3, HOR can be changed only if a break in service exceeds one full day. The soldier completed DD Form 2958 on 30 June 2000 and where residency is established is irrelevant to a soldier’s HOR. The applicant was living and working in New York for 13 years prior to entering active duty and was 33 years old when he entered. He had established New York as his HOR. It was recommended that the applicant’s request be denied.
The opinion was forwarded to the applicant for rebuttal on 7 June 2001. He did not respond.
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(s), it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to correction of his HOR. He has not shown error, injustice, or inequity for the relief he now requests,
2. His records show his HOR as New York prior to and during his period of active duty service. Pertinent regulations specify that a HOR can be changed only if there is a break in service exceeding one full day.
3. The DD Form 2058 he submits shows his legal residence for tax purposes, not his HOR. The form advises individuals not to confuse the residence selected for tax purposes as their HOR.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_pm_____ _jhk____ _tl_____ DENY APPLICATION
| CASE ID | AR2001055018 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010823 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.00 |
| 2. | 112.01 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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