PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            3 May 2000        
	DOCKET NUMBER:   AR2000040508

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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 corrected to reflect 10215 Bergstrom, El Paso, Texas 79908.  He states, in effect, that at the time of his enlistment in the Army he was living in Virginia as a member of the U.S. Navy but his correct HOR has always been El Paso, Texas.

3.  Records available to the Board indicate the applicant served on active duty with the Navy between June 1989 and August 1990 and again from 
1 February 1993 through 24 January 2000.  At the time of his release from the Navy he was assigned to a Navy facility in Virginia Beach, VA at Little Creek, Virginia and residing in Virginia Beach.  His separation report, issued at the time of his release from active duty with the Navy reflects his HOR as 10215 Bergstrom, El Paso, Texas 79908.  He was discharged from the Navy to accept a “commission or warrant in another branch of service.”

4.  On 25 January 2000 the applicant enlisted in the Army for a period of 4 years as part of an Army pre-commissioning program.  His Army enlistment documents recorded his Virginia Beach, Virginia address as his HOR.

5.  Army Regulation 601-210 provides that 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.

6.  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 at the time of enlistment will be the actual home or permanent home and that a temporary address will not be entered.

2.  The evidence provided by the applicant confirms that at the time of his enlistment in January 2000 he had been discharged from the Navy for the sole purpose of enlisting in the Army as part of a pre-commissioning program and that the El Paso, Texas address was his permanent address.

3.  The Board finds that inasmuch as the applicant was a member of another military service at the time of his enlistment in the Army and would have been temporarily residing in the vicinity of his naval unit of assignment it is reasonable to presume that his address in Virginia at that time was neither a permanent address nor his HOR.  The Board recognizes that the applicant’s permanent address was in Texas.

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 amending all of the enlistment contracts of the individual concerned to show that his HOR is 10215 Bergstrom, El Paso, Texas 79908.

BOARD VOTE:  

___rvo__  ___jhk__  ___ewl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040508	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
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.	110.00	
2.		
3.		
4.		
5.		
6.