PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            11 July 2000      
	DOCKET NUMBER:   AR2000043303

	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 military records be corrected to reflect his Home of Record (HOR) as Pickstown, South Dakota vice Rapid City, South Dakota.  He states that his HOR is really Pickstown, South Dakota and that Rapid City was merely where he entered active duty following completion of a Reserve Officer Training Corps (ROTC) Program at the School of Mines and Technology in Rapid City.

3.  Records indicate the applicant served an initial period of active duty between September 1985 and September 1989.  At the time of his release from active in 1989 his HOR was recorded as Pickstown, South Dakota.

4.  On 1 November 1989, while residing in Pickstown, South Dakota, the applicant was notified that he was the recipient of a 4-year Army ROTC scholarship commencing in September 1990 at the South Dakota School of Mines and Technology in Rapid City, South Dakota.  On 4 September 1990 the applicant enlisted in the U.S. Army Reserve (USAR) as a “cadet” as part of the ROTC program.  His HOR at the time of his USAR enlistment and entrance into the ROTC program was Pickstown, South Dakota.

5.  The applicant was commissioned as a USAR second lieutenant on 12 May 1995 and was immediately called to active duty for the purpose of completing a 4-year service obligation.  His accession documents indicate his HOR as Rapid City, South Dakota. 

6.  Army Regulation 601-210 provides that the policies and procedures for the preparation of service contracts.  It states, in pertinent part, that the HOR address entered on the service contract will be the address declared by the applicant to be their permanent home or actual home at the time of their entry on active duty.  A temporary address will not be entered.

7.  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 entry on active duty.  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 confirms that the applicant was commissioned via an ROTC program at the South Dakota School of Mines and Technology in Rapid City, South Dakota and that his permanent address was Pickstown, South Dakota.

3.  The Board finds that inasmuch as the applicant was commissioned following completion of an ROTC program, and would have been residing in the vicinity of the college solely for the purpose of attending school, it is reasonable to presume that Rapid City, South Dakota at that time 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 by showing that the applicant’s HOR at the time of his entrance on active duty in 1995 was Pickstown, South Dakota vice Rapid City, South Dakota.

BOARD VOTE:  

___rjw__  ____js__  ___ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043303	
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.