PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 November 1999                   
	DOCKET NUMBER:   AR1999024420

	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.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests her address on her Presidential Selected Reserve Callup orders be corrected.

3.  The applicant states the address on her orders is that of her mother, whom she was visiting at the time the orders were published.  She actually lived in the Netherlands with her husband, an active duty service member.  Because of this error she did not receive outside continental United States (OCONUS) entitlements while she was on active duty.  Supporting evidence is as listed on the attachment to the DD Form 149.

4.  The applicant’s military records show that she enlisted in the Army National Guard on 30 November 1989.  She was discharged on 1 March 1992 and transferred to the U. S. Army Reserve Control Group (Annual Training).

5.  On 14 December 1995, the U. S. Army Reserve Personnel Center (ARPERCEN) published orders ordering the applicant to active duty pursuant to a Presidential Executive Order with a report date of on or about 23 December 1995.  These orders were apparently sent to her old address.  On 25 December 1995, these orders were amended to change her report date to 8 January 1996.  These orders were apparently sent to her old address.

6.  On 5 January 1996, the applicant arrived in the United States apparently to visit her mother.

7.  On 5 January 1996, ARPERCEN published orders amending her report date to 16 January 1996 and assigning her to Fort Benning, GA with further assignment to Europe.  These orders noted her address as Wagram, NC and were sent to her at that address.

8.  Fort Benning, GA published orders reassigning/deploying the applicant in support of Operation Joint Endeavor for approximately 270 days.  The orders’ additional instructions state in pertinent part “for Reserves and Retired members called or ordered to active duty for more than 139 days in support of operation, VHA (variable housing allowance) is based on their principal place of residence when called or ordered to the tour of active duty…”

9.  On 11 July 1996, ARPERCEN amended the applicant’s 14 December 1995 orders to state “For REFRAD (release from active duty), new HOR (home of record) is:  650th MI (Military Intelligence)…APO AE  09703.”  These orders were further amended on 27 August 1996 to authorize travel by privately owned vehicle as more advantageous to the Government.

10.  On 3 May 1997, the applicant’s spouse was reassigned from the 65th MI Company, Brunnsum, the Netherlands to Maastrict, the Netherlands.  He was authorized concurrent travel for his spouse, the applicant.
CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  There is sufficient evidence to show the applicant’s principal place of residence at the time she was called to active duty was Brunnsum, the Netherlands, not North Carolina.  A copy of her passport shows she entered the United States on           6 January 1996.  Her callup orders were later amended to show her HOR (for REFRAD) was the 650th MI…APO AE  09703 and further amended to authorize travel by privately owned vehicle as more advantageous to the Government.
When her spouse was later reassigned from Brunnsum to Maastricht she was listed on his orders as being authorized concurrent travel with him. 

2.  While the Board believes the applicant may have contributed to her problem by not informing ARPERCEN of her address change, causing the original callup orders not to reach her correct address until she had already departed for the States, this does not negate the fact her principal residence was overseas.  By amending her callup orders to show a temporary, stateside address the applicant was denied certain monetary allowances.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  showing that, at the time of the applicant’s callup to active duty in support of Operation Joint Endeavor in 1996, the address of her principal place of residence was 650th MI, CMR 460 Box 35, APO AE  09703; and

     b.  that the Defense Finance and Accounting Service be instructed to pay to the applicant any and all allowances due her as a result of this change.

BOARD VOTE:  

__fne___  __esc___  __sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024420	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.