RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050001875


      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. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that his home of record (HOR) be corrected to
reflect that his HOR at the time he entered the service was Beaumont, Texas
77705.

2.  The applicant states, in effect, that he was a resident of the State of
Texas at the time he left college in Huntsville, Texas, and went to
Colorado to escape his problems and join the Army.  He goes on to state
that the recruiter used his own home address as his (the applicant’s) HOR
in order to receive credit for the enlistment.  He goes on to state that
the malfeasance of the recruiter should not be held against him in any way,
as it was the recruiter who misrepresented his actual legal address and
goes on to contend that the Army should be held accountable for its action
and not him.

3.  The applicant provides a copy of his High School Diploma from a school
in Beaumont, Texas; a notarized letter from his parents attesting that he
was a Texas resident; a copy of his apartment lease in Huntsville, Texas,
dated 1 February 1997; a copy of his Texas Birth Certificate; a copy of his
DD Form 214; and a copy of an electronic mail (e-mail) Recruiting
Complaint.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 29 July 1999.  The application submitted in this case is dated
17 January 2005 and was received on 3 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records were not available for review by the Board.
However, there are sufficient documents provided by the applicant for the
Board to conduct a fair and impartial review of this case.

4.  He was born in Nederland, Texas on 14 January 1976.  He graduated from
a high school in Beaumont, Texas, on 28 May 1994 and on 1 February 1997 he
entered into an apartment lease agreement in Huntsville, Texas.  On 6 May
1997, the applicant enlisted in the Regular Army in Denver. Colorado.  His
HOR was listed as Bayfield, Colorado.

5.  He completed his one-station-unit training (OSUT) at Fort Benning,
Georgia, and was transferred to Fort Myer, Virginia, for duty as a light
weapons infantryman.  He was advanced to the pay grade of E-4 on 1 February
1999 and continued to serve until he was honorably discharged on 29 July
1999, to enter an officer training program.  He had served 2 years, 2
months, and 24 days of total active service and was transferred to the
United states Army Reserve Control Group (ROTC).

6.  The DD Form 214 issued at the time of his discharge indicates that his
HOR was Bayfield, Colorado.

7.  The Joint Federal Travel Regulation (JFTR) provides, in effect, that
the HOR is the place recorded as the home of the individual at the time of
enlistment/reenlistment or induction.  There is no authority to change a
HOR as officially recorded at time of entry onto 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the Board does not have the applicant’s enlistment contract
available for review, his contention that the Army is solely responsible
for the fact that his HOR was listed as being Bayfield, Colorado appears to
be without merit.

2.  The applicant’s contention that the address listed was the recruiter’s
address at the time may in fact be true; however, the applicant knew what
his own actual address was at the time and it appears that he knowingly
entered into the conspiracy in order to effect his enlistment into the Army
at the time.

3.  Notwithstanding who did what in this case or who was responsible, the
applicant has submitted sufficient information to show that his HOR was in
fact in Texas.  Accordingly, it would be in the interest of justice to
correct his records at this time to show that his HOR was Beaumont, Texas
77705 instead of Bayfield, Colorado 81122.
BOARD VOTE:

__sk____  __mhm___  __lmd___  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that his HOR was Beaumont,
Texas, 77705 instead of Bayfield, Colorado 81122, as currently reflected.



                 Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001875                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |223/hor                                 |
|1.112.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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