PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 February 2000                  
	DOCKET NUMBER:   AR1999027131

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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 that his home of record (HOR) be changed to reflect that his permanent address was 700 Mountain Gap Road, Huntsville, Alabama at the time of his entry on active duty.  

3.  The applicant states that he was born and raised in Huntsville and educated in grades 1-12 there.  His parents maintained a continuous residence at 700 Mountain Gap Road from 1963 through the date he was placed on the permanent disability retirement list (PDRL).  He attended college at Alabama institutions; and also at Augusta College in Augusta, Georgia during the summer of 1974.  He moved temporarily to Dearing, Georgia in the summer of 1974 to work a summer job.  During college, his permanent residence remained in Alabama.  He graduated from Auburn University, and was commissioned and ordered to active duty from Auburn, Alabama.  He was never a permanent resident of another state.  After separation he returned to Huntsville.  The matter of his HOR is important as Alabama provides financial support to children of veterans whose HOR at entry and separation from the service was in Alabama.   

4.  The applicant’s military records show that he was born in Huntsville, Alabama, and graduated from Grissom High School in Huntsville.  His 10 September 1975 application for appointment shows his permanent address as  PO Box 273, Dearing, Georgia.    

5.  The applicant’s college transcripts show that he attended the University of Alabama, Alabama Agricultural and Mechanical University, and Auburn University.  He attended Augusta College in Augusta, Georgia for the summer quarter in 1974, completing a course in biology.

6.  On 8 June 1976, at Auburn University, the applicant was appointed a second lieutenant in the Regular Army, and on 21 July 1976 ordered to active duty with assignment to Fort Bragg, North Carolina.  That order shows his HOR as          PO Box 273, Dearing, Georgia.  The applicant’s personnel qualification record shows his HOR as Dearing.  His officer record brief shows Georgia as his HOR at the time of his entry on active duty.

7.  The applicant’s record of emergency data, which he completed on                   23 February 1981, shows his wife’s address as 101 Bayfield Drive in Huntsville, and his parents’ address as 700 Mountain Gap Road in Huntsville.  He completed data for his retirement pay on 5 March 1982 showing an address in Huntsville as he and his wife’s home address and mailing address.

8.  On 8 March 1982 the applicant was ordered to the Fort Knox separation transfer point for separation processing.  His HOR on that order is shown as Dearing.

9.  The applicant was permanently retired on 15 March 1982 with a 40 percent disability rating.  He had 5 years, 6 months, and 20 days of service. 

10.  Appropriate regulations provide that the HOR address entered on a contract will be the address declared by the applicant to be the permanent home or actual home at that time.  A temporary address will not be entered.  

11.  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.  It may not be a place selected for the convenience of the soldier.

CONCLUSIONS:

1.  Although there are no provisions to change a HOR, there are provisions to correct a HOR if it can be determined that an error was made at the time the HOR was recorded.  The applicable regulations state that the HOR will be the actual home or permanent home and that a temporary address will not be entered.

2.  It would appear that the applicant’s home of record when he was ordered to active duty was derived from the information he provided when applying for appointment while in college, a post office box in Dearing, which he contends was a temporary address.  The evidence of record shows his ties to Alabama, i.e., place of birth, education, parents’ and wife’s home, and place of retirement.  He was appointed as a second lieutenant at Auburn and retired to Huntsville.  The preponderance of evidence supports the applicant’s request.
 
3.  Consequently, the Board finds it is reasonable to presume that his address in Dearing at that time of his entry on active duty was neither a permanent address or his HOR.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant’s HOR at the time of his entry on active duty was 700 Mountain Road, Huntsville, Alabama; and that his HOR at the time of separation was Huntsville, Alabama. 

BOARD VOTE:  

___aao__  ___mw__  ___clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027131	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  223	100.00	
2.		
3.		
4.		
5.		
6.