RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004106654


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his home of record (HOR) on his February
2003 separation document be corrected to show an address in Bourbonnais,
Illinois vice the address in Fowler, Indiana.

2.  The applicant states that the address in Bourbonnais, Illinois was
actually his permanent address at the time of his enlistment, it was where
his parents were residing and had been residing for approximately 2 years.
He states that the Fowler, Indiana address was his aunt’s address where he
had been staying for only a short time prior to his enlistment.  He states
that he was there to obtain summer employment and “had those summer jobs
while waiting to enter the Army.”  He states that he never intended the
Indiana address to be his HOR.

3.  The applicant provides a copy of his February 2003 separation document,
a copy of his November 2003 separation document following completion of an
Active Duty for Training period, a copy of an Illinois driver’s license, a
copy of his Selective Service System Registration Acknowledgement, and a
copy of his Social Security card.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant was born on
29 October 1974 at the United States Air Force Hospital at Elmendorf Air
Force Base, Alaska.  His mother’s state of birth was recorded as Illinois
while his father’s state of birth was recorded as Arkansas.

2.  According to one of the applicant’s enlistment documents, completed on
23 February 1993, he indicated that he had attended high school in Bradley,
Illinois between December 1991 and August 1992, in La Masa, California
between August 1992 and December 1992, and in Oxford, Indiana between
December 1992 and “present.”

3.  When completing his report of medical examination on 25 February 1993,
he listed the Fowler, Indiana address at his “home address” and his aunt as
his next of kin.

4.  Although the driver’s license provided by the applicant in support of
his request reflects the Bourbonnais, Illinois address, which was issued in
July 1992 apparently while the applicant was attending high school in
Bradley, his enlistment documents indicate that he had a valid driver’s
license from the state of California, which was due to expire in October
1994.  The expiration date of the Illinois license is not readable.

5.  On 4 June 1993 the applicant executed an enlistment contract for the
United States Army Reserve under the delayed entry program.  The Fowler,
Indiana address was listed as him HOR and the contract was executed at the
Indianapolis MEPS (Military Entrance Processing Station).  On 17 September
1993 the applicant entered active duty.

6.  During the course of the applicant’s 9 years of active Federal service
he executed several reenlistment contracts.  Each of those contracts also
reflected the Fowler, Indiana address as his HOR.

7.  On 20 February 2003 the applicant was honorably discharged in pay grade

E-5.  His separation document reflects the Fowler, Indiana address as his
HOR.  His mailing address after separation and the address of his nearest
relative, presumably his mother, is recorded as Bloomington, Illinois.

8.  On 24 February 2003 the applicant completed an enlistment document to
enlist in the United States Army Reserve.  His “current address” and “HOR
address” were recorded as Bloomington, Illinois, the same as the address
reflected on his February 2003 separation document.  The enlistment
document indicates that at the time of his enlistment in the United States
Army Reserve he had a valid driver’s license from Indiana which was due to
expire in October 2003.

9.  Between June and November 2003 the applicant had a period of ADT
(Active Duty for Training).  His November 2003 separation document reflects
an address in Normal, Illinois as his HOR and as his mailing address after
separation.

10.  The Selective Service System Registration Acknowledgment, which
reflects a “last action date” of 16 June 1993, and which was provided by
the applicant in support of his request, reflects his permanent address in
Bourbonnais, Illinois, but a “current address” in Fowler, Indiana.  The
copy of the applicant’s Social Security card, also provided by the
applicant in support of his request, is undated but reflects an address in
Lemont, Illinois.

11.  Army Regulation 601-210 provides that the policies and procedures for
the preparation of enlistment contracts.  It states, in pertinent part,
that the HOR



address entered on the enlistment contract will be the address declared by
the applicant to be their permanent home or actual home at the time of
enlistment.  A temporary address will not be entered.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is insufficient evidence available to the Board,
or provided by the applicant, which confirms that the address utilized at
the time of his enlistment in 1993 was not his home of record, in spite of
the fact that his parents may have been living elsewhere.

2.  The evidence suggests that the applicant had been residing in Indiana
since December 1992, attended school in that state, and listed his aunt,
who also resided in Indiana as his next of kin at the time of his
enlistment.  Such evidence supports a conclusion that the Indiana address
was not merely a temporary summer employment address.

3.  Additionally, while the applicant may have had an Illinois driver’s
license at one time, he provided a California license at the time of his
1993 enlistment and subsequently utilized an Indiana license upon his
enlistment in the United States Army Reserve in 2003.  Such evidence
further supports a conclusion that at the time of his 1993 enlistment the
applicant himself may not have considered Illinois as his permanent place
of residence.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___PS __  ___SS    _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106654                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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