RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 April 2005
      DOCKET NUMBER:  AR20040003143


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the home of record (HOR) on her
Enlisted Records Brief (ERB) be corrected.

2.  The applicant states, in effect, that her HOR since 3 August 1977 has
always been Torrance, California.  She claims that even when she reenlisted
in the Regular Army (RA) after a break in service between 1983 and 1984,
she continued to list Torrance, California as her HOR.  She states that her
ERB currently names Washington City, Pennsylvania as her HOR.  However,
while she was stationed in Pennsylvania from 1996 through 2000 and did
reenlist while assigned there, she never changed her HOR.  She concludes by
stating her HOR always has been and remains Torrance, California.

3.  The applicant provides her original and subsequent enlistment contracts
(DD Forms 4) and her original separation document (DD Form 214) in support
of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that she is currently a member of the
United States Army Reserve (USAR) serving on active duty in the Active
Guard Reserve (AGR) program, in the rank of sergeant first class (SFC).

2.  A DD Form 4 prepared upon the applicant’s initial enlisted in the USAR
on 3 August 1977, lists her HOR as Torrance, California in Item 5 (Home of
Record).

3.  The DD Form 214 issued to the applicant upon her release from active
duty (REFRAD) after the completion of her initial active duty for training
on 8 December 1977, lists her HOR as Torrance, California in Item 14 (Place
of Entry Into Current Active Service.

4.  Enlistment contracts the applicant entered into in and 1983,1987 and
1989 list her HOR as Torrance, California.

5.  Enlistment contracts the applicant entered into in 1990 and 1993 listed
her HOR as Rosedale, Indiana.  An enlistment contract she entered into in
1999 listed her HOR as California, Pennsylvania.

6.  The enlistment contract the applicant entered into on 6 December 2001
lists her HOR as Torrance, California in Item 3 (Home of Record).

7.  In connection with the processing of this application, an advisory
opinion was obtained from the Director, Army Reserve Active Duty Management
Directorate, Human Resources Command (HRC), St. Louis, Missouri.  This
official recommends the applicant’s request for a change to her HOR be
denied.  He states the applicant was released from active duty in the
Regular Army on 11 August 1989.  She entered a USAR Troop Program Unit
(TPU) on 15 May 1990, at which time her enlistment contract listed her HOR
as Rosedale, Indiana.  The applicant entered active duty in the AGR program
on 10 April 1994.  He further states that based on the governing
regulation, the HOR is the place of entry into relevant active duty and
that the permanent HOR may not be changed after entry on active duty.

8.  On 30 September 2004, the applicant responded to the HRC advisory
opinion.  She stated that her original contract bringing her into the USAR
in 1977 listed her HOR as Torrance, California and she was told at the time
that this would always remain her HOR.  Her contracts in 1987 and 1989 also
listed Torrance, California as her HOR.  However, she claims that beginning
with the contract she entered into in 1990, reenlistment officials stated
that although her HOR was Torrance, California, they could only list her
current address in the reenlistment contracts.  This remained the case in
contracts completed in 1993 and 1999.  However, in her last contract, which
she entered into in 2001, she was finally able to reinsert Torrance,
California as her HOR.

9.  Army Regulation 600-8-4 (Military Personnel Information Management
/Records) defines the term “home of record” as the place (city and state or
country) recorded as the home of the individual when commissioned,
reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or
ordered into the relevant tour of AD.

10.  Army Regulation 135-133 (Ready Reserve Screening, Qualification
Records System, and Change of Address Reports) prescribes responsibility
and procedures for screening the Ready Reserve during peacetime.  Chapter 4
contains guidance on change of address reports.  It provides guidance for
corrections for members whose permanent home address was listed incorrectly
in official records.  Paragraph 4-6 provides guidance on changes of home of
record.  It states, in pertinent part, an exception may be made to change a
HOR when an administrative error was made in the HOR designation at the
time active duty orders were prepared.
11.  Current Army policy does allow a member to identify their permanent
HOR at the time of their enlistment and it may be different from the
address where they reside at that time.  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.

12  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her HOR was incorrectly recorded at the
time of entry on active duty as a member of the AGR program was carefully
considered and found to have merit.

2.  The applicant’s enlistment contract history clearly shows her HOR has
always been Torrance, California and that the contracts that list other
addresses clearly identified her place of current residence in the HOR
block of the DD Form 4.

3.  By regulation, the address entered on the enlistment contract will be
the address declared by the applicant to be the permanent home or actual
home at the time of enlistment.  A temporary address will not be entered.
Notwithstanding the comments and recommendation contained in the HRC
advisory opinion, current Army regulations do provide provisions for
changing a HOR if it is found that a bona fide error was made.

4.  In this case, the evidence of record clearly shows an error was made
when the applicant's HOR address was listed differently on enlistment
contracts completed between 1990 and 1999 and that a temporary residence
rather than the applicant’s permanent HOR address was entered on the DD
Forms 4 prepared during this period.  The applicant clearly established her
HOR as Torrance, California on her initial enlistment contract and many
subsequent contracts, which includes her last 2001 contract.

5.  In view of the facts of this case, it would be appropriate and serve
the interest of justice and equity to correct the applicant's record to
reflect Torrance, California as her HOR.

BOARD VOTE:

___SLP _  ___JNS__  ___CG__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing her home of record as Torrance, California.




            ___  John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003143                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/12                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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