RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060006343


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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, in effect, correction of the Home of Record
(HOR) that is shown on his separation documents and a second award of the
Army Commendation Medal.

2.  The applicant states, in effect, that the HOR shown on his discharge
document was his HOR when he entered military service; however, he now
resides in New Jersey, which has been his place of residence ever since he
became a U.S. citizen on 19 March 2003.  He also states, in effect, that
the Army Commendation Medal he received upon separation from the U.S. Army
is not recorded on his discharge document.

3.  The applicant provides copies of a memorandum to the Commander, U.S.
Army Reserve Personnel Command, dated 1 May 2006; two New Jersey Motor
Vehicle Services, Operator Licenses, issued 6 March 2002 and 23 September
2002; United States of America, Certificate of Naturalization, dated 19
March 2003; United States of America, Passport, issued 18 June 2004; DA
Form 638 (Recommendation for Award), dated 23 May 2005; and DD Form 214
(Certificate of Release or Discharge from Active Duty), dated 14 September
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a DD Form 1966-Series
(Record of Military Processing - Armed Forces of the United States), dated
7 April 1999, completed by the applicant and an Armed Forces representative
to determine the applicant's eligibility for enlistment in the Armed Forces
of the United States.  Section I (Personal Data), Item 4 (Home of Record
Address), of this document shows, in pertinent part, the applicant
indicated his HOR was Seoul, Korea.

2.  The applicant’s military service records contain a DD Form 4-Series
(Enlistment/Reenlistment Document, Armed Forces of the United States),
dated 19 April 1999, which shows that he initially enlisted in the U.S.
Army Reserve (USAR) on 19 April 1999 for a period of 8 years.  Item 3 (Home
of Record) of this document contains the entry "Kuk Dong Apartment #-####,
Sonpa Gu, Seoul, Korea."  This document also shows that on 19 April 1999,
the applicant, the Armed Forces Service representative, and enlistment
officer certified the applicant's enlistment in the USAR by signing the
document in Item 13b, Item 14e, and Item 19e, respectively.

3.  The applicant's DD Form 1966-Series, Section V (Recertification), Item
34 (Recertification by Applicant and Correction of Data at the Time of
Active Duty Entry), contains the entry "None" indicating that the document
did not require any changes at the time of the applicant's enlistment in
the Regular Army (RA).  This item also shows that the applicant and Army
recruiting official recertified and signed this document on 15 September
1999.

4.  The applicant’s military service records contain a copy of a DD Form
4/3, dated 15 September 1999.  Section F (Discharge from Delayed
Entry/Enlistment Program) of this document shows that the applicant
requested to be discharged from the Delayed Entry/Enlistment Program (DEP)
and enlisted in the RA for a period of 6 years on 15 September 1999.  This
document also shows that the applicant confirmed his enlistment in the RA
by signing the oath in Item 22b on 15 September 1999.  This document
further shows in Item 23 (Enlistment Officer Certification) that the
warrant officer serving in the 542nd Medical Company at Camp Page, Korea,
verified that the oath was administered, subscribed, and duly sworn (or
affirmed) by the applicant before him on 15 September 1999.

5.  The applicant's military service records contain a copy of his Enlisted
Record Brief, dated 23 January 2005.  Section VIII (Awards and Decorations)
shows that, at that time, he was awarded the Army Commendation Medal, Joint
Service Achievement Medal, Army Achievement Medal (4 Awards), Army Good
Conduct Medal, National Defense Service Medal, Korean Defense Service
Medal, and Global War on Terrorism Service Medal.

6.  The applicant's military service records contain a copy of
Headquarters, Installation Management Agency, Korea Region Office, Unit
15742, Yongsan Transition Center (Korea), Orders 102-0008, dated 12 April
2005.  These orders reassigned the applicant to the U.S. Army transition
point on 14 September 2005 for transition processing from the RA to the
USAR and show, in pertinent part, his HOR as "Seoul KS" (Korea).

7.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 14 September 2005.  Item 7b (Home of Record
at Time of Entry) of the DD Form 214 contains the entry "Kuk Dong Apartment
#-####, Songpa Gu, Seoul, KS 138-160."  Item 19a (Mailing Address After
Separation) shows the entry "Kuk Dong Apartment #-####, Songpa Gu, Seoul,
KS 138-160."
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 shows that the applicant was
awarded the Army Commendation Medal, Joint Service Achievement Medal, Army
Achievement Medal (4th Award), Army Good Conduct Medal, National Defense
Service Medal, Korean Defense Service Medal, Noncommissioned Officer (NCO)
Professional Development Ribbon, and Global War on Terrorism Service Medal.

8.  The applicant's military service records contain a DA Form 4980-14
(Army Commendation Medal Certificate).  This document shows, in pertinent
part, that the applicant was awarded the Army Commendation Medal for
meritorious service during the period 15 September 1999 to 9 September 2005
under the authority of Permanent Orders 284-11, dated 11 October 2005.

9.  The applicant provides documents that show, in pertinent part, he was
issued a New Jersey Operator's License in 2002, at which time he was
residing in North Bergen, New Jersey, and that he became a naturalized
citizen of the United States on 19 March 2003.  The applicant also provides
a DA Form 638, dated
23 May 2005, that shows he was recommended for the Meritorious Service
Medal for the period 15 September 1999 to 9 September 2005; the Director,
Installation Management Agency, Korea Region Office, recommended downgrade
of the award to the Army Commendation Medal; the award approval authority
approved award of the Army Commendation Medal; and the applicant was
awarded the Army Commendation Medal (1st Oak Leaf Cluster) per
Headquarters, Military Personnel Service Center, Permanent Order Number
284-11, dated 11 October 2005.

10.  A review of the applicant's records reveals that he may be entitled to
an additional award that is not shown on his DD Form 214.

11.  There is no evidence the applicant received the second award of the
Good Conduct Medal for the period 15 September 2002 to 14 September 2005.
There also is no evidence the applicant was disqualified by his chain of
command from receiving the Good Conduct Medal.  He received "top block"
ratings for his overall performance and potential on all three NCO
Evaluation Reports he received throughout his service and his records do
not contain any adverse information.

12.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time of the applicant's enlistment, shows, in
pertinent part, that the DD Form 1966-Series is completed by Army
recruiting officials on a person applying for enlistment in the RA or USAR
and is used to determine eligibility for further processing after the DD
Form 1966-Series is completed and signed.

13.  Army Regulation 601-210, Table 5-1 (Instructions for Completing the
DD Form 1966-Series) shows, in pertinent part, that for Item 4 (Current
Address) to enter the street, city, county, state, and zip code as of date
of application.  For Item 5 (Home of Record Address) the instructions are
to enter the street, city
county, state, and zip code of address declared by the applicant to be
his/her permanent home or actual home at time of enlistment.  Do not enter
a temporary address.

14.  The instructions and required entry for Item 34 (Recertification by
Applicant and Correction of Data at Time of Active Duty Entry) show, in
pertinent part, that guidance counselors will use Item 34 to correct or
change DEP entries to RA entries when applicant is discharged from the DEP
for enlistment into the RA.  This item also shows that the applicant will
sign this section and then the guidance counselor will print their name,
grade, social security number, and sign with payroll signature.

15.  The Joint Federal Travel Regulations (JFTR), Appendix A (Definitions)
shows that the home of record (HOR) is the place recorded as the home of
the individual when commissioned, appointed, enlisted, inducted, or ordered
into a tour of active duty.  Note 2 of the definition provides that travel
and transportation allowances are based on the officially corrected
recording in those instances when, through a bona fide error, the place
originally named at time of current entry into the Service was not in fact
the actual home.  Any such correction must be fully justified and the home,
as corrected, must be the actual home of the member upon entering the
service, and not a different place selected for the member's convenience.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents)
prescribes the separation documents required to be prepared and furnished
to Soldiers upon separation from the Army.  It also establishes
standardized policy for preparing and distributing the DD Form 214.
Paragraph 2-4 (Completing the DD Form 214) of this Army regulation contains
guidance on the preparation of the DD Form 214.  The instructions for Item
7b (Home of Record) state to "enter the street, city, state, and zip code
listed as the Soldier's home of record.  The HOR is the place recorded as
the home of record of the Soldier when commissioned, appointed, enlisted,
or ordered to a tour of active duty.  This cannot be changed unless there
is a break in service of at least 1 full day (Joint Federal Travel
Regulations, Volume 1, Appendix A, Part I).  The home of record is not
always the same as the legal domicile as defined for income tax purposes.
The legal domicile may change during a Soldier's career.

17.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement, or meritorious service.  The Military Awards regulation also
states, in pertinent part, that the oak leaf cluster is awarded to denote
the second and each succeeding award of certain decorations, among which is
the Army Commendation Medal.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

18.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.  A bronze clasp with two
loops is authorized for wear on the Army Good Conduct Medal to denote a
second award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the HOR that is shown on his
separation documents should be corrected because he now resides in New
Jersey and this has been his place of residence ever since he became a U.S.
citizen on 19 March 2003.  He also contends his DD Form 214 should be
corrected to show a second award of the Army Commendation Medal.

2.  The evidence of record shows that the applicant declared Seoul, Korea
as his HOR at the time he applied for and enlisted in the USAR on 7 April
1999.  The evidence of record also shows that the applicant and U.S. Army
representative recertified his HOR as Seoul, Korea when the applicant
subsequently entered active duty in the RA on 15 September 1999.

3.  The evidence of record shows that the orders reassigning the applicant
to the U.S. Army Transition Point for transition processing from active
duty on
14 September 2005 show his HOR as Seoul, Korea.  In addition, the
applicant's DD Form 214, Item 7b, shows his HOR as Seoul, Korea.

4.  The evidence of record clearly shows that Seoul, Korea was the
applicant's permanent home or actual home at the time of enlistment and
that he served continuously on active duty without a break in service from
15 September 1999 to 14 September 2005.  There is no evidence of record,
and the applicant fails to provide sufficient documentary evidence, to show
that the HOR originally named at the time of his entry into the Service was
in error or not in fact his actual home. In addition, the fact that the
applicant established a residence in the State of New Jersey subsequent to
his enlistment and entry on active duty in the U.S. Army is not a basis for
changing the HOR originally named at the time of entry into the Service.
Therefore, the applicant is not entitled to correction of the HOR on his
separation documents.

5.  The evidence of record shows that the applicant's ERB, dated 23 January
2005, reflects an award of the Army Commendation Medal.  The evidence of
record also shows that the applicant's DD Form 214, issued on 14 September
2005, in pertinent part, shows one award of the Army Commendation Medal.
The evidence of record further shows that permanent orders issued
subsequent to both the date on the applicant's ERB and the date of his
release from active duty awarded him the Army Commendation Medal (1st Oak
Leaf Cluster).  Therefore, it would be appropriate to correct the
applicant's records to show two awards of the Army Commendation Medal.

6.  The applicant is entitled to the second award of the Good Conduct Medal
for the period 15 September 2002 through 14 September 2005 based on
completion of a period of qualifying active duty enlisted service.
Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS ___  ___LE___  ___MJF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:
      a.  awarding the applicant the Good Conduct Medal for the period
15 September 2002 through 14 September 2005;

      b.  correcting his DD Form 214 to delete the Army Commendation Medal
and Army Good Conduct Medal; and

      c.  correcting his DD Form 214 to add the Army Commendation Medal
(2nd Award) and Army Good Conduct Medal (2nd Award).

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's home of record.




                                              John Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006343                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050914                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0100.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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