PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            10 DEC 02
      DOCKET NUMBER:   AR2002076123


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Celia L. Adolphi              |     |Chairperson          |
|     |Mr. Ted S. Kanamine               |     |Member               |
|     |Mr. Conrad V. Meyer               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military
                records
      Exhibit B - Military Personnel Records (including
                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or
regulations.
2.  The applicant requests that item 7b, Home of Record at Time of Entry,
on her DD Form 214 (Certificate of Release or Discharge from Active Duty)
be corrected to reflect  ____________, Montgomery, Alabama.   In a separate
application with the same date, she requests that her home of record
reflect _______________, Montgomery, Alabama.

3.  The applicant states that from her birth to her retirement from the
Army she has always been a permanent, full-time resident of Alabama.

4.  The applicant’s military records show that she enlisted in the Alabama
Army National Guard for six years on 22 September 1979.  Her enlistment
contract shows her home of record as __________, Montgomery, Alabama.  Her
enlistment documents show that she was born and attended school in
Montgomery.

5.  An active duty report shows that she was on active duty at Fort
McClellan, Alabama from 6 October 1979 until 27 October 1979.  Her home of
record is not shown on that form.

6.  On 14 July 1980 the applicant was ordered to full time training duty
for two years at the National Guard Armory in Huntsville, Alabama.  Her
address on the order is ________________, Montgomery, Alabama.  The
applicant’s records show that she was ordered to active duty in an Active
Guard/Reserve (AGR) status with the Alabama Army National Guard on numerous
occasions.  Each order showed her home of record, albeit not always the
same, as an address in Montgomery, Alabama.  The last, in 1991, ordered her
to active duty for 6 years, terminating her active duty tour in 1997.

7.  On 13 November 1992 the applicant extended her enlistment in the Army
National Guard for the fourth time, indicating her new ETS (expiration of
term of service) as 21 September 2000.

8.  A 5 November 1996 computer printout shows that the applicant’s mailing
address was an address in Stone Mountain, Georgia.

9.  The applicant retired from the Army on 30 November 1996.  She had
      16 years, 4 months, and 17 days of active duty, 1 month and 5 days of
total prior active service, and 8 months and 17 days of prior inactive
service.  Her active and inactive service show that she did not have a
break in service since her enlistment in the Alabama Army National Guard on
22 September 1979.  The order effecting her retirement shows that the
requested and authorized place of her retirement was Fort Rucker, Alabama.
Her home of record shown on her       DD Form 214 is an address in Decatur,
Georgia, as is the address of her nearest relative.  Her mailing address is
shown as an address in Stone Mountain, Georgia.
10.  Appropriate regulations provide that the HOR address entered on a
contract will be the address declared by the applicant to be the permanent
home or actual home at that time.  A temporary address will not be entered.


11.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent
part, that the HOR is the place recorded as the home of the individual at
the time of enlistment or induction.  There is no authority to change the
HOR as officially recorded at time of entry into the military service.
However, there is authority to correct a HOR if erroneously entered on the
records at that time and then only for travel and transportation purposes.
Correction of the HOR must be based on evidence that a bona fide error was
made and the HOR as corrected must have been the actual home of the
individual at the time of entry into the relevant period of service.  It
may not be a place selected for the convenience of the soldier.

12.  Army Regulation 635-5 provides instructions for completing the
         DD Form 214, and states in pertinent part that the street, city,
and zip code will be entered in item 7b as a soldier’s home of record.
Home of record is the place recorded as the home of record of the soldier
when enlisted or ordered to a tour of active duty.  This cannot be changed
unless there is a break in service of at least one full day.  Home of
record is not always the same as the legal domicile.  Legal domicile may
change during a soldier’s career.

CONCLUSIONS:

1.  The applicant’s records show that she did not have a break in service
since her enlistment in the Alabama Army National Guard in 1979.
Consequently, the address in item 7b on her DD Form 214 is incorrect.  Her
home of record should reflect the address shown on her 22 September 1979
enlistment contract.

2.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

RECOMMENDATION:

1.  That the applicant’s 30 November 1996 DD Form 214 be corrected by
showing in item 7b of that form that her home of record at time of entry is
     ____________, Montgomery, Alabama.

2.  That so much of the application as is in excess of the foregoing be
denied.

BOARD VOTE:

__CLA __  __TSK __  __CVM  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




            ____Celia L. Adolphi______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2002076123                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20021210                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |