DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
Coast Guard Record of:
XXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXX
BCMR Docket
No. 2002-022
FINAL DECISION
The final decision, dated August 15, 2002, is signed by the three duly
ULMER, Chair:
This is a proceeding under the provisions of section 1552 of Title 10 and
section 425 of Title 14 of the United States Code. It was commenced on January 14,
2002, upon the Board’s receipt of the applicant’s complete application for correction
of his military record.
appointed members who were designated to serve as the Board in this case.
The applicant asked the Board to correct his record by changing his home of
record from XXXXXXXXX, New Jersey to XXXXXXXXXX, Kansas. He is currently
assigned to duty in the state of XXXXXXX.
On August 22, 2000, the applicant enlisted in the Coast Guard for two years.
He had previously served in the Army, from which he was discharged on August 20,
2000.
The applicant stated that “[w]hen [he] entered the [Coast Guard] [he] was on
[terminal] leave from the US Army and went to visit [his] parents. Rather than
traveling back to XXXXXXXXX, MO MEPS [Military Enlistment Processing Station]
[he] enlisted at XXXXXXXXX, NY MEPS. At that time [he and his family] were living
with his father in New Jersey and listed that as [his] address on all [his] paperwork
upon entry [into] the [Coast Guard].”
The applicant further stated that after becoming an adult he lived in
XXXXXXXXX, Kansas for nearly five years and his wife has lived there her entire life.
He needs this correction to his record, so that his household goods can be shipped to
XXXXXXXXXX, which is were he plans to live after his discharge from the Coast
Guard.
Views of the Coast Guard
On May 22, 2002, the Board received an advisory opinion from the Chief
Counsel of the Coast Guard. He recommended that the Board deny relief to the
applicant because the applicant failed to submit persuasive evidence that his home of
record was incorrectly listed in his military record.
The Chief Counsel stated that the applicant listed XXXXXXXX, New Jersey as
his home of record when he enlisted in the Army in 1995 and listed XXXXXXXXX,
New Jersey as his home record when he entered the Coast Guard in 2000. He
asserted that a change in the applicant’s home of record will “presumably save the
applicant money in moving expenses once he separates from the Coast Guard.”
The Chief Counsel stated that the Joint Federal Travel Regulations (JFTR)
define home of record as "the place recorded as the home of the individual when
reinstated, reappointed, or reenlisted remains the same as that recorded when
commissioned, appointed, enlisted or inducted or ordered into the tour of duty
unless there is a break in service of more than one day." The Chief Counsel also
stated that a note in the JFTR states the following:
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the
applicant's record and submissions, the Coast Guard's submission, and applicable
law:
10, United States Code. The application was timely.
2. The applicant has failed to prove by a preponderance of the evidence that
his home of record was incorrectly recorded in his military record at the time he
1. The Board has jurisdiction of this matter pursuant to section 1552(b) of title
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
wasn’t 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.
The Chief Counsel argued that any change to the applicant's home of record
should result from a bona fide error at the time of his enlistment in the Coast Guard
and not a correction based on a matter of convenience.
Applicant's Rebuttal to the Views of the Coast Guard
.
for his reply. He did not submit a response.
On May 24, 2002, a copy of the Coast Guard views was mailed to the applicant
entered the Coast Guard. In this regard, the Board notes that according to the Coast
Guard, the applicant listed New Jersey as his home of record when he joined the
Army in 1995. Likewise when he entered the Coast Guard in 2000 he listed New
Jersey, not Kansas, as his home of record. In addition according to his statement, his
parents live in New Jersey. All of these factors strongly suggest that at the time the
applicant entered the Coast Guard, XXXXXXXX, New Jersey was properly listed as
his home of record.
lived in Kansas for five years prior to joining the Coast Guard.
Jersey was not his home of record at the time he entered the service.
4. The applicant has not presented persuasive evidence that XXXXXXXX, New
3. The applicant provided no evidence except for his own statement that he
5. Accordingly, the applicant’s request should be denied.
ORDER
The application of XXXXXXXXXXXXXXXXXXX, USCG, for correction of his
Christopher A. Cook
Karen L. Petronis
Kathryn Sinniger
military record is denied.
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