RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070006463


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Stone                    |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. Tucker               |     |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, that Item 7b (Home of Record (HOR))
at Time of Entry) on her Certificate of Release or Discharge from Active
Duty
(DD Form 214) be changed to read ---- W. --- Place, Chicago, Illinois.

2.  The applicant states, in effect, that although she was in school at the
time of her enlistment, her HOR was actually Chicago, Illinois.  She
states, that Chicago was her home of record when she was released from
service.

3.  The applicant provides no additional documents in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army at the Chicago MEPS, Des
Plaines, Illinois on 21 May 1999 for a period of 4 years.  The DD Form 4/1
(Enlistment / Reenlistment Document – Armed Forces of the United States),
shows the applicant’s HOR as Valparaiso, Indiana.

3.  The applicant’s DD Form 1966/1 (Record of Military Processing – Armed
Forces of the United States) prepared on 21 May 1999 during the applicant’s
initial enlistment in the US Army, lists in Item 3 (Current Address) ----
Linwood Avenue, Apt -, Valparaiso, Porter, Indiana.  Item 4 (Home of Record
Address) lists ---- Linwood Avenue, Apt -, Valparaiso, Cook, Indiana.

4.  The DD Form 214 issued to the applicant upon her release from active
duty (REFRAD) lists in Item 7b (Home of Record at Time of Entry) shows the
entry ---- Linwood Avenue, Apt -, Valparaiso, Indiana.

5.  Army Regulation 600-8-4 (Military Personnel Information Management
/Records) defines the term “home of record” as the place (city and state or
country) recorded as the home of the individual when commissioned,
reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or
ordered into the relevant tour of active duty (AD).

6.  Army Regulation 135-133 (Ready Reserve Screening, Qualification Records
System, and Change of Address Reports) prescribes responsibility and
procedures for screening the Ready Reserve during peacetime.  Chapter 4
contains guidance on change of address reports.  It provides guidance for
corrections for members whose permanent home address was listed incorrectly
in official records.  Paragraph 4-6 provides guidance on changes of home of
record.  It states, in pertinent part, an exception may be made to change a
HOR when an administrative error was made in the HOR designation at the
time active duty orders were prepared.

7.  Current Army policy does allow a member to identify their permanent HOR
at the time of their enlistment and it may be different from the address
where they reside at that time.  Army Regulation 601-210 provides 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.

8.  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 the time of entry into the military service.
However, there is authority to correct a HOR if erroneously entered on the
records at that time.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her HOR is incorrect was carefully
considered and found to be insufficient in merit.

2.  The applicant’s enlistment documents clearly show her HOR as
Valparaiso, Indiana.

3.  The applicant’s records show her HOR as Indiana prior to and during her
period of active duty service.  Pertinent regulations specify that a HOR
can be changed only if there is a break in service exceeding one full day.

4.  In view of the circumstances in this case, the applicant is not
entitled to correction of her HOR.  She has not shown error, injustice, or
inequity for the relief she now requests.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____JS __  ___JTM _  ___DWT_  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.




                                               John Slone____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/10/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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