RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 December 2007
      DOCKET NUMBER:  AR20070014413


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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, a change to his Home of Record
(HOR).

2.  The applicant states, in effect, that the address reflected in his
record for the past four years cannot be used due to the relocation of his
family to Germany.  He requests a change to his HOR in order that he may be
with his family when he separates.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  On 22 August 2003, the applicant enlisted in the Regular Army for 3
years and entered active duty.  He currently is still serving on active
duty, in the rank of sergeant (SGT), and his scheduled expiration of term
of service (ETS) is
17 April 2011.

2.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the
United States), commonly referred to as the enlistment contract, which was
prepared on the applicant during his enlistment processing for the Army in
2003, contains a HOR address in Arlington, Texas.

3.  The record also includes copies of DD Forms 1966/1 through 1966/4
(Record of Military Processing-Armed Forces of United States).  The DD
1966/1 confirms, in Item 3 (Current Address), that the applicant was
residing at an address in Arlington, Texas, during his enlistment
processing.  Item 4 (Home of Record) also lists an address in Arlington,
Texas.

4.  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.

5.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be allowed to change his HOR
in order to allow him to reside with his family upon his ETS was carefully
considered.  However, there is insufficient evidence to support this claim.

2.  By law and regulation, the HOR is the place recorded as the home of the
individual at the time of their enlistment or induction, and there is no
authority to change the HOR officially recorded at the time of entry into
military service.  Any correction to a 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.

3.  In this case, the applicant makes no claim that his HOR was in error at
the time of his entry into the Army.  He simply is requesting the change in
order to allow him to move to the location his family has relocated to in
Germany upon his ETS.  As a result, absent any error being made in the HOR
recorded at the time of his entry into service, there is an insufficient
evidentiary basis to support granting the requested relief.

4.  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

__JNS  __  __MJNT _  __TMR__  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 N. Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014413                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  223  |112.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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