| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Richard T. Dunbar | Member | ||
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: That his Home of Record (HOR) be changed to Kosrae, Federated States of Micronesia (FSM).
APPLICANT STATES: That his HOR is not Conyers, GA. He resided in Conyers for about one year before he enlisted but his permanent home is in Kosrae, FSM.
EVIDENCE OF RECORD: The applicant's military records show:
He had prior service in the Army National Guard. His Certificate of Release or Discharge from Active Duty, DD Form 214, for the period ending 17 February 1989 shows that his mailing address after separation was Guam. He enlisted in the Regular Army on 27 December 1989. His DD Form 214 for the period ending 12 December 1990 shows his HOR as Kosrae, Freely Associated States (as his country was known at the time).
On 3 January 2001, the applicant reenlisted in the Regular Army. Item 3 of his enlistment contract shows his HOR as Conyers, GA.
The applicant’s Application for Security Clearance shows that he worked at C & D Technology in Conyers, GA from September 2000 to his enlistment; at Rockdale Hospital in Conyers, GA from August 1999 to September 2000; and at Perrys Smorgy in Honolulu, HI from December 1990 to August 1999.
Army Regulation 601-280, in pertinent part, provides instructions for completing the DD Form 4 series. It defines the term “Home of Record” as the place recorded as the home of the person when he/she entered into the current tour of active duty. This cannot be changed unless there is a break in service of at least one full day.
In the processing of this case, an advisory opinion was obtained from the U. S. Army Enlisted Records and Evaluation Center (EREC). EREC opined that the Joint Federal Travel Regulation authorizes correction of the HOR 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.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He stated that it was a misunderstanding between his recruiter and himself on what was required in item 3 of the enlistment contract because it just stated Home of Record instead of Permanent or Temporary home of record. In January 2002, one of his brothers passed away. Because his HOR was not listed as Kosrae, FSM, he was not able to obtain Government travel to his home to attend the funeral.
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. The applicant’s Application for Security Clearance showed that he lived in Conyers, GA at the time he enlisted (i.e., it was not just a temporary address for the purpose of attending school or similar activities). It met the regulatory definition of HOR. He has not lived in Kosrae, FSM for more than 10 years. The Board understands his attachment to his original and still his family’s home but it did not meet the regulatory specifications for his HOR at the time he enlisted in January 2001.
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
__RVO__ __RTD__ __KWL__ DENY APPLICATION
| CASE ID | AR2002069208 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/07/25 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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