PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            11 July 2000      
	DOCKET NUMBER:   AR2000041877

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 Las Vegas, Nevada at the time of his entry on active duty in 1996.  He states that the HOR currently recorded in his record (San Antonio, Texas) was merely a temporary address while he was completing his medical residency requirements at the University of Texas Health Science Center in San Antonio.  In support of his request he submits copies of his birth certificate, various educational diplomas from Nevada schools and his Nevada absentee voter registration documents.

3.  Records available to the Board, and documents provided by the applicant, confirm he was born and raised in Nevada where he received a U.S. Army Reserve (USAR) appointment following completion of Reserve Officer Training Course (ROTC) requirements at the University of Nevada-Reno.

4.  Following completion of his general medical degree requirements in May 1989 the applicant traveled to San Antonio, Texas to complete residency requirement in general surgery and neurosurgery.  He completed his residency requirements in 1996 and on 15 May 1996 orders were issued ordering him to active duty on 30 June 1996 for a period of 4 years to fulfill active duty service obligations incurred as a result of his schooling.  At the time he was ordered to active duty he was residing in San Antonio, Texas for the purpose of completing medical residency and as such Texas was recorded as his HOR.  However, throughout the applicant’s residency training he continued to vote, by absentee ballot, from his permanent address in Las Vegas, Nevada.

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 active duty contracts will be the address declared by the applicant to be their permanent home or actual home at the time of enlistment or entry on active duty.  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 entry on active duty 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 he was ordered to active duty in June 1996 he had just completed medical residency requirements at the University of Texas but continued to utilize his Las Vegas, Nevada address as his permanent residence as evidenced by his continued voting in the state via absentee ballots.

3.  The Board finds that inasmuch as the applicant was a medical resident student at the time he was order to active duty and may have been residing in the vicinity of the college the applicant continued to consider and utilize his Nevada address as his permanent address.  As such it is reasonable to presume that his address in Texas at the time he was ordered to active duty was neither a permanent address nor 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 to show that his HOR at the time of his entry on active duty on 30 June 1996 was Las Vegas, Nevada.

BOARD VOTE:  

___rjw__  ___js___  ___ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000711	
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.