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ARMY | BCMR | CY2007 | 20070014429C080407
Original file (20070014429C080407.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 March 2008
      DOCKET NUMBER:  AR20070014429


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 his home of record (HOR) be
changed to the State of Florida.

2.  The applicant states, in effect, that his HOR is the State of Florida.
He claims Item 7a (Place of Entry), Item 7b (Home of Record at Time of
Entry) and Item 19a (Mailing Address after Separation) of his 20 June 2007
Separation Document (DD Form 214) should all have Florida addresses.

3.  The applicant provides finance documents indicating his State of legal
residence was Florida.

CONSIDERATION OF EVIDENCE:

1.  On 16 June 1998, the applicant enlisted in the United States Army
Reserve (USAR) Delayed Entry Program (DEP), and on 24 August 1998, he
enlisted in the Regular Army for 3 years.   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 this initial enlistment processing contains a HOR address
in New Orleans, Louisiana.

2.  The record also includes copies of DD Forms 1966/1 through 1966/4
(Record of Military Processing-Armed Forces of United States) completed
during his 1998 enlistment processing.  The DD 1966/1 confirms, in Item 3
(Current Address), that the applicant was residing at an address in New
Orleans, Louisiana, during his enlistment processing.  Item 4 (Home of
Record) also lists an address in New Orleans, Louisiana.

3.  On 21 May 2005, while serving at Fort Bragg, North Carolina, the
applicant reenlisted in the RA for 6 years on his last enlistment.  The DD
Form 4 completed during this last reenlistment processing contains a HOR
address in New Orleans, Louisiana.

4.  The applicant provides pay record print-outs certified by the Division
Finance Officer, which indicate that as of 19 June 2007, his State of legal
residence was Florida.

5.  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.

6.  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 his HOR should be changed to show the
State of Florida 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.

3.  In this case, the applicant provides finance documents that indicate
his State of legal residence was Florida in 2007; however, he makes no
claim that his HOR was in error at the time of his entry into the Army.
The evidence of record contains enlistment contracts authenticated by the
applicant at the time of his initial entry into the Army and at the time of
his last enlistment in 2005.  These official documents confirm his HOR was
in New Orleans, Louisiana.  As a result, absent any error being made in the
HOR recorded at the time of his entry into service or at the time of his
last enlistment, 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

___JEA__  __WDP      __JLP___  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.




                                  _____James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014429                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2007/06/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Condition Not a Disability              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  223  |112.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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