PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 September 2003
	DOCKET NUMBER:   AR2003084872

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		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.  The applicant requests that his separation orders be corrected to reflect a correct home of record (HOR) of Knoxville, Tennessee.

3.  The applicant states that at the time of his initial enlistment in 1991, he was a student at Easter New Mexico University living in student housing in Portales, New Mexico (NM).  He goes on to state that he had no other ties to Portales and that his wife and child resided with his parents in Tennessee at the time.  He further states that in his subsequent reenlistments, his reenlistment contracts indicated his correct address (HOR) in Tennessee.  He also states that he was registered to vote in Tennessee and his vehicle was and is registered in that State.

4.  The applicant’s military records show that he was born at Fort Benning, Georgia, the son of a career Army officer.  He enlisted in Amarillo, Texas, on 15 April 1991, for a period of 5 years, training as a military policeman and enrollment in the college loan repayment program.  At the time of his enlistment he indicated that he was a student at East New Mexico University and that he was residing at both an address in Portales, NM, and an address in Tennessee.  His HOR was entered on his enlistment contract as Portales, NM.

5.  He reenlisted in 1995 and in 1998 and his HOR on his enlistment contract was listed as an address in Knoxville, Tennessee.

6.  He continued to serve until he was discharged under honorable conditions in the pay grade of E-7 on 10 October 2002.  His report of separation (DD Form 214) and discharge orders indicate his HOR as Portales, NM.  His DD Form 214 also lists his nearest relative as his father, residing at the Knoxville, Tennessee, address claimed by the applicant as his HOR. 

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

8.  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 enlistment 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 former military dependent and student, who clearly indicated that he resided in both NM and Tennessee at the time of his enlistment, it is reasonable to presume that his permanent HOR was the address of his parents in Tennessee, which is subsequently indicated on his reenlistment contracts.  

3.  Therefore, since his reenlistment contracts show an address in Knoxville, Tennessee, the Board finds it reasonable to presume that his parent's address in Tennessee was his actual HOR and that it would be in the interest of justice to correct his records to show that his HOR is his parent's address in Knoxville, Tennessee.

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 HOR of the individual concerned is the address indicated in Knoxville, Tennessee, and that his discharge orders be amended accordingly.

BOARD VOTE:  

__jm____  __sk____  __cjp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084872	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003084872	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  223	112.0100/HOR	
2.		
3.		
4.		
5.		
6.