PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            20 January 2000
	DOCKET NUMBER:   AR1999027326

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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, in effect, a change to his home of record (HOR).

3.  The applicant states, in effect, that at the time of his discharge he was asked where he was going after his discharge and gave his wife’s family address because he planned to go there for a vacation.  This vacation address ended up being placed on his separation document as his permanent address.  He claims he was unaware that this would be considered his official HOR.  Now he is requesting that his proper HOR be placed on his records because his county hospital gives a discount to members who entered service from the area; however, he is being denied this benefit because of the address listed on his separation document.  This denial has taken place even though he entered the service from the county and has permanently resided there ever since his discharge.  He further explains that his permanent address at the time was 
160 East Main Street, Pennsgrove, New Jersey, which is the address he lived at when he was inducted.  After a three week vacation at his wife’s parents home in Maine, he and his wife returned to New Jersey to live and have not left since.  He provides, in support of his application, a copy of a letter he provided his employer in 1942, the Pennsylvania-Reading Seashore Lines, Camden, New Jersey, in which he requests that he be released from his job for induction until such a time as he returns from active duty.  In addition, he includes a copy of his enlistment record which shows that his home address at the time of his enlistment was 
160 East Main Street, Pennsgrove, New Jersey.  

4.  The applicant’s military records show that his induction order 
(Selective Service Form 150) was issued on 14 July 1942, by Local Board Number 1, Salem County Regional High School, Pennsgrove, New Jersey.  He was inducted into the Army of the United States on 25 July 1942 at Camden, New Jersey, and served honorably until his discharge on 25 November 1945.  At the time of this discharge the applicant attained the rank of staff sergeant/grade 3, while performing duties as duties as a personnel clerk in military occupational specialty 405.

5.  The applicant’s War Department (WD) Adjutant General Office (AGO) Form 24 (Service Record) shows, in the enlistment record portion of the service record, that his home of record when he entered the Army was 160 East Main Street, Pennsgrove, New Jersey.  There is also a WD AGO Form 53-55 
(Enlisted Record and Report of Separation-Honorable Discharge) on file which was issued to the applicant on 25 November 1945, at Camp Atterbury, Indiana.  

6.  This document shows, in block 9 (permanent address for mailing purposes), an address of 117 Montrose Avenue, Portland, Maine and indicates in block 
12 (address from which employment will be sought) same as #9.  The data contained in the Military History portion of the WD AGO Form 53-55, in blocks 26-29, indicate that he was inducted by local board #1, in the county of Salem, New Jersey.  However, block 29 (home address at time of entry into service) indicates same as #9, which would indicate the Portland, Maine address.  

7.  Army policy, in effect at the time, did not make a distinction between a member’s mailing address at entry or separation and their permanent HOR.  Therefore, the applicant’s record did not designate a specific HOR at that time.

8.  Current Army policy does allow a member to identify their permanent HOR at the time of their enlistment and it may be different from the address where they reside at that time.  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.  

9.  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.

CONCLUSIONS:

1.  The Board was persuaded, based on the evidence of record and the independent evidence submitted by the applicant, that his permanent home of record was Pennsgrove, New Jersey at the time he entered active duty.  His service record shows that he was inducted from this location and the Board has no reason to question his statement that it was his intent to establish his permanent residence there once separated from the Army.  Therefore, in the interest of equity, a correction to the record is appropriate at this time.

2.  Current Army regulations allow members to designate their permanent HOR at the time they enter on active duty.  There are also provisions for changing a HOR if it is found that a bona fide error was made.  The Board determined, given the applicant was working and living in Pennsgrove, New Jersey at the time he was inducted into the Army that the entry in block 29 of the WD AGO Form 53-55 was obviously in error given it indicates a Portland, Maine address.  The Board concludes that there is a sufficient evidentiary basis to conclude that had the applicant been given the opportunity to designate a permanent HOR, he would have chosen Pennsgrove, New Jersey.  Therefore, in the interest of justice and equity, the Board concludes the applicant’s military record should be corrected to show Pennsgrove, New Jersey, as his permanent HOR.

3.  The Board wishes to point out that this decision to change his HOR to Pennsgrove, New Jersey will not automatically entitle him to discount benefits administered by his local hospital.  That action is not within the purview of this Board, and will have to be addressed and pursued through the appropriate local officials.

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 Pennsgrove, New Jersey was the permanent HOR of the individual concerned at the time he was discharged.

BOARD VOTE:  

___be___  __rgh ___  ___gg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Robert G. Hinkle_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027326	
SUFFIX		
RECON		
DATE BOARDED	2000/01/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/25	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 223	112.0100	
2. 189	110.0000	
3.		
4.		
5.		
6.