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ARMY | BCMR | CY2008 | 20080006531
Original file (20080006531.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  11 June 2008

	DOCKET NUMBER:  AR20080006531 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his home of record (HOR) be changed from Queens, New York to Dakar, Senegal.  

2.  The applicant states that he has been trying to resolve this issue regarding his HOR for years now.  He was informed that he could only request that his HOR be changed during reenlistment.  He states that he reenlisted three times and he was not able to get his HOR changed.  He also states he was originally from Dakar, Senegal and he will return there upon retirement.  

3.  The applicant provides a copy of his Enlisted Record Brief.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of sergeant first class.

2.  The applicant enlisted in the Regular Army on 19 September 1995.  His DD Form 4/1 (Enlistment/Reenlistment Document) shows his HOR as Queens Village, New York at the time of his enlistment.  He was discharged on 8 June 1999 for immediate reenlistment.  

3.  He reenlisted on 9 June 1999 for a period of four years.  His Enlistment/Reenlistment Document shows his HOR as Queens Village, New York.  He was discharged on 27 July 2003 for immediate reenlistment.  

4.  He reenlisted on 28 July 2003 for a period of four years.  His Enlistment/Reenlistment Document shows his HOR as Queens Village, New York.  He was discharged on 31 March 2005 for immediate reenlistment.  

5.  He reenlisted on 1 April 2005 for a period of six years.  His Enlistment/Reenlistment Document shows his HOR as Queens Village, New York.

6.  Section IV (Personal/Family Data) on his Enlisted Record Brief shows his HOR as Queens Village, New York.  The block for birthplace shows the entry “SG” [Senegal] and the block for country of citizenship shows the entry 
“US” [United States].

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment.  Paragraph 2-4a(2) states, in part, that an applicant is eligible for enlistment if he/she is an alien who has been lawfully admitted to the United States for permanent residence. 

8.  Army Regulation 601-210, paragraph 6-12 governs preparation of the DD Form 1966.  It directs that the HOR address must be CONUS (continental United States) or U.S. Territory and a temporary address will not be entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the Regular Army on 19 September 1995 and he reenlisted three times.  His Enlistment/Reenlistment documents show his HOR as Queens Village, New York.

2.  The applicant states that he is originally from Dakar, Senegal and will return there upon his retirement.  However, it appears that the applicant was a permanent resident of the United States at the time of his enlistment and in accordance with Army Regulation 601-210, his permanent stateside residence was his HOR.  

3.  Therefore, there is insufficient evidence on which to base correction of his records to show his HOR as Dakar, Senegal.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

xxx______  xx______  xx______  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.




      xxxxx  _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080006531





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ABCMR Record of Proceedings (cont)                                         AR20080006531



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