PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 August 2001
	DOCKET NUMBER:   AR2001058095

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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.  On behalf of the applicant, officials of the Enlisted Evaluation and Records Center (EREC) request, in effect, reconsideration of the applicant’s 18 April 2000 request that his home of record (HOR) be corrected to reflect 30-B Makig Street Quezon City-1114, Philippines vice 8722 Honey Locust Drive, Lavista, Nebraska. 

3.  The applicant states, in effect, that he enlisted in the Army on 16 June 1986 and was not asked what his HOR was but rather was only asked where he was currently living.  The address he gave in Lavista, Nebraska was then recorded as his HOR.  He notes that he was “temporarily” living with his sister on Lavista, while looking for work.  He states that it was always his intention to return to his home in the Philippines.  He states that he was allowed to change his HOR to the Philippines on subsequent reenlistments except for his 1999 reenlistment, when the reenlistment NCO changed his HOR back to the original Lavista, Nebraska address because Army Regulations only permitted a change in the HOR when there was a break in service and he had no such break.  He states his intention is to return to the Philippines upon his retirement and the fact that his HOR is now recorded as Lavista, Nebraska will mean that he will only be permitted to return to Nebraska upon completion of his service.  In support of his request he submits copies of his enlistment and reenlistment contracts.

4.  The applicant’s military records show that the applicant was born in Roxas City, Philippines in 1955 and relocated to the United States in 1986, where he resided with his mother at 8722 Honey Locust Drive, Lavista, Nebraska.

5.  On 16 June 1986, the applicant enlisted in the United States (U.S.) Army Reserve under the delayed entry program and at the time of his enlistment his HOR was recorded as Lavista, Nebraska.  He was ordered to active duty on 
10 July 1986 from Lavista, Nebraska.  He reenlisted on 1 March 1989 and was permitted to change his HOR address to Quezon City, Philippines.  Upon his final reenlistment, dated 11 March 1999, his HOR was changed back to Lavista, Nebraska.

6.  On 21 December 2001, in decisional document number AR2000042899, the Board denied the applicant’s request to have his HOR changed to 30-B Makig Street, Quezon City-1114, Philippines vice 8722 Honey Locust Drive, Lavista Nebraska.

7.  On 24 May 2001, EREC officials, during a review of this Board’s decisional document prior to filing, determined that the logic used by the Board in denying the applicant’s request to change his HOR was not what the EREC would have recommended. 

8.  EREC officials opined that the applicant had not exhausted all administrative remedies by applying to them for a change to his HOR before applying to the Board, and had he done so his request would have been approved.  
9.  EREC officials indicated that there basis for approval would have been the fact that the applicant had lived in the Philippines until April 1986 when he came to the U.S. looking for work.  In May 1986, he was unemployed and in June 
1986 he joined the Army, which is work.  In addition, he was not a U.S. citizen at the time of his enlistment and had only resided in the U.S. for short period of time.  Finally, they indicated that the nearest military entrance station to the Philippines is in California and he would have had to come there to join the Army in any case.  Further, his mother’s citizenship status should not have been a determinant factor in his case because it is obvious he would have elected to stay with family while in the U.S. looking for work.  

CONCLUSIONS:

1.  The Board rendered its 21 December 2000 decision based on the guidance contained in the Joint Federal Travel Regulation.  At the time it was unaware of EREC’s policy position in regard to the particulars of this case.  

2.  Notwithstanding the normal legal finality of its decisions, in view of the additional factors raised by EREC, the agency responsible for rendering HOR change decisions, the Board finds its original denial was inequitable and should be corrected at this time. 

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the HOR of the individual concerned is 30-B Makig Street, 
Quezon City-1114, Philippines.

BOARD VOTE:  

__JH    __  __TFB__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      __June Hajjar _     _ 
		      CHAIRPERSON

INDEX

CASE ID	AR2001058095	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/16	
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.