| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: That his home of record (HOR) be changed to San Antonio, Texas.
APPLICANT STATES: He has resided in Texas for more than half of his military career – which his wife is now leaving.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 9 August 1993. His enlistment document shows his HOR as Evansville, Indiana. He was discharged from the DEP effective upon his enlistment in the Regular Army for 4 years on 28 September 1993. His record of military processing (DD Form 1996) shows the same HOR indicated above.
The applicant reenlisted in the Army for 3 years on 5 June 1997 at Fort Sam Houston, Texas. His HOR on his enlistment is that depicted above. On 16 July 1998 he extended his enlistment for 16 months in order to meet service remaining requirements for a permanent change of station move.
In the processing of this case an advisory opinion was obtained from the Enlisted Records and Evaluation Center. That agency stated that there was no authority to change a home of record as recorded at the time of entry into the relevant period of service. The Joint Federal Travel Regulation authorizes correction only through a bona fide error, and not a different place selected for the member’s convenience. A home of record can be changed only if a break in service exceeds one full day.
On 4 September 2001, a copy of the advisory opinion was furnished the applicant for his information and possible rebuttal. He failed to respond.
Army Regulation 601-280 states that the Home of Record is the place recorded as the home of the soldier when 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, Home of Record is 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.
The Joint Federal Travel Regulation authorizes correction 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.
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 applicant’s home of record at the time of his enlistment and subsequent enlistments was Evansville, Indiana. The applicant does not dispute this. There is no authority to change his home of record for his convenience.
2. 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
__LLS __ __RWA __ __TLP __ DENY APPLICATION
| CASE ID | AR2001060803 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020108 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.01 |
| 2. | 223 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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