MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001055062


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		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)

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APPLICANT REQUESTS: In effect, that her home of record (HOR) be changed from Louisiana to Texas.

APPLICANT STATES: In effect, that she was recruited and completed all the initial paperwork for her enlistment in the Army while living in Texas and only departed from Louisiana in a courtesy ship status to enter active duty because she was visiting her father. In support of her application, she provided copies of her enlistment documents.

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

On 15 July 1998, she entered the Regular Army for 4 years. The Department of Defense (DD) Forms 4/1 and 4/2 (Enlistment/Reenlistment Document-Armed Forces of the United States), commonly referred to as the enlistment contract, which was prepared on the applicant during her enlistment processing is on file. In block 3 (Home of Record) of the DD Form 4/1, 7075 Modesto Avenue, Baton Rouge, Louisiana 70811, is listed as her HOR. She initialed the bottom of the DD Form 4/1.

Block 13a of the applicant’s DD Form 4/2 contains the following statement “I certify that I have read this document. Any questions I had were explained to my satisfaction. I fully understand that only those agreements in Section B of this document or recorded on the attached annex(es) will be honored. Any other promises or guarantees made to me by anyone are written below:
(if none X “None” and initial)” and the applicant initialed. She also signed the
DD Form 4/2, in block 13b (Signature of Enlistee/Reenlistee).

The record also includes copies of DD Forms 1966/1 through 1966/4 (Record of Military Processing-Armed Forces of United States). The DD 1966/1 confirms, in block 3 (Current Address) and Block 5 (Home of Record) that the applicant was residing at 7075 Modesto Avenue, Baton Rouge, Louisiana 70811 during her enlistment processing and this address was also considered her HOR.

In connection with her enlistment processing the applicant also completed a Standard Form 86 (Questionnaire for National Security Positions), dated 28 May 1998, which ultimately was not needed to process her enlistment and was not included in her official record. In block 9 (Places you lived) the applicant indicated that she had lived in Houston, Texas, from August 1997 until the date she completed the form. It also shows that she lived in Tallahassee, Florida from August 1993 through August 1997, while attending school, and that she lived at 7075 Modesto Avenue, Baton Rouge, Louisiana 70811, from November 1975 through August 1993, which is also the address given as her HOR in her final contract.

In connection with the processing of this case, the Board requested an advisory opinion from the Chief, Personnel Actions, United States Army Recruiting Command (USAREC), which was prepared on 20 May 2001. In this opinion, this USAREC official indicates that a review of the applicant’s file reveals that prior to her enlistment she continually resided in the State of Louisiana and had no ties to the State of Texas. Further, that her enlistment contract was prepared in accordance with applicable regulations and contains correct data and there are no provisions for changing correct and accurate data.

The applicant was provided a copy of the USAREC advisory opinion in order to have the opportunity to respond, which she did on 28 June 2001. In her reply, the applicant indicates that she has provided information that confirms she resided in Texas prior to her enlistment and was actively recruited for the Army there. She indicates that she left for active duty from Louisiana because she was visiting her father there and instead of returning to Texas to leave for basic training, it was easier to courtesy ship from Louisiana. She claims that this information should still be on file and that if it is necessary she can contact the Internal Revenue Service to get copies of her tax papers that she filed in 1997 and 1998 to confirm she was living and working in Texas until she left for basic training.

Home of record is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day, can the home of record be changed by the member.

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. The Board notes the applicant’s contention that she was residing in Texas during the first stages of enlistment processing and does not question the validity of that claim. However, this factor alone is not sufficient justification to change her recorded HOR. The evidence of record confirms that 7075 Modesto Avenue, Baton Rouge, Louisiana 70811 was entered in the applicant’s enlistment contract as her HOR and that she confirmed that the information contained in that contract was correct at the time.

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2. Given the applicant resided in Texas at the beginning of her enlistment process and had been raised in Louisiana, she would have had the option to list either as her HOR at the time of her enlistment. She elected to list Louisiana and the Board finds no evidence to suggest this election was anything other than voluntary or that she objected to it at the time. To the contrary, she signed the enlistment contract and certified that the information contained therein was correct.

3. In the opinion of the Board, some other factor has now caused the applicant to decide that she would prefer to instead have Texas listed as her HOR. However, at this late date the fact that she resided in Texas and had the option to list it as her HOR at the time of enlistment and would now like to do so is not a sufficient basis to change the record.

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 sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RJW _ __BJE __ __JPI___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001055062
SUFFIX
RECON
DATE BOARDED	2001/08/02
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 223	112.0100
2.
3.
4.
5.
6.