Mr. Carl W. S. Chun | Director | |
Mrs. Nancy Amos | Analyst |
Ms. Irene N. Wheelwright | Chairperson | |
Mr. Raymond J. Wagner | Member | |
Ms. Gail J. Wire | Member |
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
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. | |
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