PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            13 July 2000      
	DOCKET NUMBER:   AR2000043885

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 Honolulu, Hawaii vice Chicago, Illinois.  He notes his father, a retired Army lieutenant general, was stationed at Fort Sheridan, Illinois at the time he entered Northwestern University Medical School in Chicago under the Health Professions Scholarship Program and at the time he was ordered to active duty.  He states that “Hawaii is [his] permanent home” and that “Illinois was never [his] permanent home and [he] was there only as a student and by virtue of [his] father’s U.S. Army assignments.”  In support of his request he submits a statement from his father.

3.  Records indicate the applicant was born in Albuquerque, New Mexico in May 1958, three years after his father was commissioned as an Army officer following completion of a Reserve Officer Training Corps (ROTC) program at the University of Hawaii.  (The applicant’s father graduated from Kaimuki High School in Hawaii in 1951.)  The applicant attended high school in Indianapolis, Indiana.  In 1981 he graduated from Northwestern University in Evanston, Illinois and was commissioned as a U.S. Army Reserve (USAR) officer on 10 June 1981 at Fort Sheridan, Illinois where his father was the Deputy Commanding General of the U.S. Army Recruiting Command.

4.  He was ordered to active duty in June 1985 to “fulfill an active Army requirement” following completion of medical training at Northwestern University Medical School in Chicago, Illinois.  His HOR was recorded as Chicago, Illinois.  

5.  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.

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 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 Board finds that inasmuch as the applicant was a family member of a career Army officer and would have resided at or near a variety of military installations since birth, it is not reasonable to presume that his address at the time of his entrance on active duty was a permanent address or his HOR.

3.  By virtue of the very nature of the military profession, an individual resides at or near a military installation on a temporary basis, whether they are on active duty themselves or as a military dependent.  By virtue of the fact that he was a military dependent, the permanent address or HOR of his parents would be the most logical address that would convey to the applicant.

4.  In this particular case his father’s HOR would have been Honolulu, Hawaii (based on the fact that he attended high school and was commissioned via an ROTC program at the University of Hawaii in Honolulu) and it is only reasonable that his father’s HOR would have conveyed to the applicant.  As such his father’s HOR (Honolulu, Hawaii) should have been entered on the applicant’s military records when he was ordered to active duty and not Chicago, Illinois which was clearly only a “temporary” address for the applicant and his father.

5.  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 1985 was Honolulu, Hawaii vice Chicago, Illinois.

BOARD VOTE:  

___jlp__  ___mhm__  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043885	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
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.