PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999034689

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 home of record (HOR) be changed to reflect an address in the United States.

3.  The applicant states, in effect, that he was a military dependent living with his parents in Germany at the time he enlisted in the Army and he listed his current address in Germany at the time as his HOR.  He continued to list that address as his HOR on his subsequent reenlistment documents and his parents departed Germany after his enlistment and have retired in Clarksville, Tennessee, which is his actual legal residence.  He goes on to state that he is presently stationed in Hanau, Germany, that he does not intend to become a German citizen, and that he is now going to separate from the service.  However, he has been informed that he is only entitled to transportation to his HOR, which is listed as Germany; however, he intends to reside in Louisville, Kentucky and he desires that to be his HOR.  He further states that the current policy in Europe requires European enlistees to put a stateside address as their HOR; however, that policy was not in place at the time of his enlistment and he believes that the recruiter made a mistake by allowing him to enter an address on a military base in Germany as his HOR.   

4.  The applicant’s military records show that he enlisted at the age of 18 in Kaiserslautern, West Germany on 10 September 1986.  At the time of his enlistment he indicated that his HOR was at Ramstein, Air Force Base, Federal Republic of Germany (FRG).  He remained on active duty through a series of continuous reenlistments and his HOR remained the same.  The applicant’s last reenlistment was in the pay grade of E-6 on 15 May 1997 for a period of 3 years. 

5.  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.

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 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 military dependent at the time of his enlistment and was residing on a military installation, it is not reasonable to presume that his home address at that time was a permanent address or his HOR.

3.  By virtue of the very nature of the military profession, an individual resides at a military installation on a temporary basis, whether they be active duty or dependents.  In no case does an individual permanently reside on a military installation; therefore, by virtue of the fact that he was a dependent, the permanent address or HOR of his parents would be the most logical address that would convey to the applicant.

4.  Inasmuch as the applicant has stated that his legal residence is is in Clarkesville, Tennessee and that his parents reside there, it is only reasonable that their address/HOR would have been the address that should have been entered on his enlistment contract. 

5.  Although, the applicant desires his HOR to be changed to Louisville, Kentucky, he has provided no evidence to show that Louisville, Kentucky is his actual HOR or that it was his permanent home at the time of his enlistment.  In accordance with the applicable regulations, a HOR cannot be changed simply for the convenience of the soldier.  Therefore, since he has shown that his parents reside in Clarkesville, Tennessee and since it is reasonable to presume under the circumstances of the case that their address would have conveyed to him at the time of his enlistment, it would be in the interest of justice to correct his enlistment contracts to reflect their address. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending all of the enlistment/reenlistment contracts of the individual concerned to show that his HOR is 1635 Bevard Road, Clarkesville, Tennessee  37042.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__dw____  __mw___  __hof ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034689	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
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.