IN THE CASE OF:	  

		BOARD DATE:	        13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014558 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 be corrected to reflect his correct home of record (HOR).

2.  The applicant states, in effect, that the HOR listed on his DD Form 214 is the address of his recruiter instead of his actual HOR, which is 1___0 SW 102nd Ct., Miami, Florida 33157.

3.  The applicant provides a copy of his DD Form 214, a copy of his application for appointment (DA Form 61), and a copy of his application for active duty (DA Form 160) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was born in Coral Gables, Florida on 21 December 1962 and on 9 July 1986, he was appointed as a Reserve second lieutenant.  At the time of his application for appointment and actual appointment, he indicated that his permanent address was 1___0 SW 102nd Court, Miami, Florida, which was the address where his father resided.  The applicant was accepted in the Health Professional Scholarship Program (HPSP) at the time.

3.  The applicant graduated from Georgetown University Medical School and was appointed as a Reserve medical corps captain on 26 May 1990.  His appointment memorandum was addressed to him at an address in Washington, D.C.

4.  On 27 March 1990, orders were published by the Total Army Personnel Command, St Louis, Missouri, which ordered the applicant to active duty for a period of 5 years.  The orders were addressed to the applicant in care of the Army Medical Department (AMEDD) Counselor, ATTN: SGPS-PDO-AA (WRM), Suite 720, 8__5 Colesville Road, Silver Spring, Maryland 20910.

5.  The applicant entered active duty on 20 June 1990 and served on continuous active duty until he was honorably released from active duty (REFRAD) on 28 February 1999, due to non-selection for permanent promotion to the rank of major.  He had served 8 years, 8 months, and 11 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that his HOR was the address listed in paragraph 4 above (8__5 Colesville Rd, Suite 720, Silver Spring, Maryland 20910).

6.  His DD Form 214 also shows that his mailing address after separation and his nearest relative was at 1___0 SW 102nd Ct., Miami, Florida 33157, his original permanent mailing address when he was originally appointed.

7.  On 21 April 2006, the applicant was promoted to the rank of major in the USAR with a date of rank of 25 July 2001.

8.  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.

9.  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.

DISCUSSION AND 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.  At the time the applicant applied for appointment as a Reserve commissioned officer, he clearly indicated that his permanent address was the address listed in Miami, Florida, where his father resided.

3.  The applicant was recruited for the HPSP and attended medical training in Washington, D.C. until he graduated and was appointed as a medical corps captain in May 1990.  His orders to active duty were forwarded in care of the AMEDD Counselor in Silver Spring, Maryland and that address is the address that was entered as his HOR on his DD Form 214 at the time of his REFRAD.

4.  At the time of his REFRAD he indicated that his mailing address after separation and the address of his nearest relative was at "1___0 SW 102 Ct., Miami, Florida 33157.  Therefore, it is reasonable to presume that the address in Miami has always been his legitimate HOR as defined in the applicable regulations regarding the definition of the HOR.

5.  Accordingly, it appears that an administrative error resulted in the incorrect HOR being entered on his DD Form 214 at the time of his REFRAD and that it would be in the interest of justice to correct that error at this time.

BOARD VOTE:

____X____  ___X_____  ___X_____  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 that his HOR on his DD Form 214 dated 28 February 1999 is "1___0 SW 102nd Ct., Miami, Florida 33157."



      _________XXX_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080014558



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014558



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1