PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 September 2001      
	DOCKET NUMBER:   AR2001055843

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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, who is the sister of the former service member (FSM), requests that the FSM’s home of record (HOR) be changed to reflect that his permanent address was Honolulu, Hawaii (at the street address shown on the application) at the time of his death.

3.  The applicant states that the FSM is buried at the National Cemetery of the Pacific in Honolulu.  He was a permanent resident of Hawaii and was a temporary resident of Torrance, California, while attending school in Los Angeles, when he was inducted into the US Army.  The address correction is requested so that the FSM’s name will be included in future ceremonies pertaining to Hawaiian residents who were killed in Vietnam.  The FSM’s parents are both deceased.

4.  In support of her request, the applicant submits a copy of her Birth Certificate a copy of the FSM’s Certification of Death, and a copy of the Veterans Administration Notification of Transfer of Records.

5.  The FSM’s military record shows that he was inducted on 27 July 1964.  At that time, he listed his HOR and current address as Torrance, California, and his date and place of birth as 20 June 1942, in Hilo, Hawaii.  The record also shows that he graduated from high school in Hawaii and registered with the Selective Service System (SSS), Local Board No. 11, in Hilo, Hawaii.  His SSS registration records were transferred to the State of California for purposes of pre-induction and induction processing.

6.  His DA Form 41, Record of Emergency Data, completed shortly after his induction, indicates that he was unmarried, had no children and that his home address at the time on entry on active duty was Torrance, California.  He listed his parents as beneficiaries for pay, allowances and insurance proceeds and listed their address as Honolulu, Hawaii (the same street address now being requested as his HOR).

7.  Following induction, the FSM was trained as a light weapons infantryman and on 4 January 1966 was assigned to B Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, in Vietnam.  He was killed in action on 30 January 1966.

8.  Army Regulation 635-5, provides that the term HOR means the place recorded as the home of the individual when commissioned, appointed, enlisted, 

inducted, or ordered to a tour of active duty.  It is not necessarily the legal domicile as defined for tax purposes. 

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 the time of entry into the military service.  However, there is authority to correct an 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 an HOR, there are provisions to correct it if an error was made at the time it was recorded.

2.  The evidence of record shows that at the time of his induction in July 1964, the FSM listed his address as Torrance, California, apparently while residing in the vicinity of the school he was attending.  The record shows that he was born and raised in Hawaii and registered with the local draft board there.  It appears, therefore, that his address in California was neither a permanent address nor his HOR.

3.  Inasmuch as it appears there are no benefits that will accrue to the FSM as a result of correcting his HOR, other than the extension of future memorialization activities to a former Hawaiian soldier, the Board is of the opinion that there is sufficient evidence to show that the FSM’s likely HOR at the time of his entry on active duty should have been recorded as Honolulu, Hawaii, instead of Torrance, California.

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 the FSM’s HOR as (the street address listed in the application), Honolulu, Hawaii.

BOARD VOTE:  

__le ____  ____jns _  ____reb _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2001055843	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010925	
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.  112.01		
2.		
3.		
4.		
5.		
6.