| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Harry B. Oberg | Member | |
| Mr. Stanley Kelley | Member |
APPLICANT REQUESTS: In effect, correction of item 3 (Home of Record)
of his DD Form 4/1 (Enlistment/Reenlistment Document), dated 7 January 2000 to show "Clearwater, Florida" instead of "Stafford, Virginia."
APPLICANT STATES: In effect, that his home of record (HOR) in item 3 of his DD Form 4/1, dated 7 January 2000 is incorrect. He was instructed by his recruiter to provide his current address as his HOR. He informed his recruiter
that his parents were going to move to Florida and that his HOR would change.
He was advised that he could change his HOR upon arrival at his first duty station, which was wrong. In support of his application, he submits a copy of his Florida driver's license and military identification card.
EVIDENCE OF RECORD: The applicant's military records show he enlisted in the US Army Reserve (USAR) on 16 July 1996. He enlisted in the Regular Army on 30 August 1996. He continued to serve until he was honorably discharged on 6 January 2000, in order to reenlist. He reenlisted on 7 January 2000 and continues to serve on active duty.
Item 3 of the applicant’s DD Form 4/1 dated 16 July 1996 and 7 January 2000 shows his home of record as "Stafford, VA." The applicant’s initials appear at the bottom of each DD Form 4/1.
Item 5 (Home of Record Address) of the applicant's DD Form 1966/1 (Record of Military Processing- Armed Forces of the United States), dated 30 August 1996 shows his HOR as "Stafford, Virginia."
The applicant provided a copy of his Florida driver's license, dated 12 May 2000, which shows his address as "Clearwater, Florida 33759-0000."
In the processing of this case, a staff advisory opinion was provided by the
Chief, Personnel Actions Branch of the U.S. Army Enlisted Records and Evaluation Center. The applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over
30 days.
The Chief, Personnel Actions Branch recommended that the applicant’s request for change of home of record not be favorably considered as there is no authority to change a home of record as recorded at the time of entry into the relevant period of service. The Joint Travel Regulation authorizes correction only when through a bonafide error, the place originally named at the time of current entry
into the service was not in fact the actual home. The opinion also stated that 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. In accordance with Army Regulation 601-280, table 11-1, item 3, home of record can be changed only if a break in service exceeds one full day.
The Joint Travel Regulation serves as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty. It states, in pertinent part, that a correction must be based on evidence that a bonafide error was made at the time of entry into the relevant period of service. It must not be a place selected for the convenience of the soldier.
Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Table 11-1, item 3 (Home of Record) states that the street, city, state, and zip code will be entered. 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, 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 HOR 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 contentions that his HOR is incorrect, that he was instructed by his recruiter to provide his current address as his HOR, that he informed his recruiter that his HOR would change because his parents were moving to Florida, and that he could change his HOR upon arrival at his first duty station. The Board also notes that the applicant was issued a Florida driver's license on 12 May 2000. However, there is no evidence of record to show that there was break in service of more than one full day, at the time of his reenlistment. Therefore, his HOR remained the same in accordance with regulations.
2. The evidence of record clearly shows his home of record as Stafford, Virginia and that he authenticated the bottom of his DD Forms 4/1 with his initials. Therefore, there is no basis to correct item 3 of his DD Form 4/1, dated 7 January 2000, to show Clearwater, Florida as his HOR.
3. 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.
4. 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
__ro__ __ho____ __sk___ DENY APPLICATION
| CASE ID | AR2002080228 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021219 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 223 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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