RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 NOVEMBER 2006
      DOCKET NUMBER:  AR20060003470


      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             |
|     |Ms. Rene' R. Parker               |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 HOR (home of record) on his 1969
separation document be corrected to reflect an address in Twin Lakes,
Wisconsin, vice the address in Richmond, Illinois.

2.  The applicant states the Richmond, Illinois, address was his parent's
address and was registered with the local draft board.  He notes at the
time of his entry on active duty he was not living with his parents but was
renting in Twin Lakes, Wisconsin.  He states, in effect, that the
correction is necessary in order to secure veteran benefits from the state
of Wisconsin.

3.  The applicant provides a statement from his employer during the period
in question and a statement from his sister.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 May 1969.  The application submitted in this case is
dated
9 November 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 limitations 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.  Records available to the Board indicate the applicant was inducted and
entered active duty on 20 September 1967.  His record of induction
indicates his current address at the time of induction was located in
Richmond, Illinois, the same address listed for his parents and siblings.
The applicant authenticated a document acknowledging his induction into the
Army and that document is attached to his induction record.

4.  In his statement of personal history the applicant listed the Richmond,
Illinois, address as his permanent mailing address.  He indicated on the
form that prior to August 1967 he had been employed in various
organizations located in Illinois

and that commencing in August 1967 he was employed by Oriole Springs
Orchard in Twin Lakes, Wisconsin.  All of his credit and character
references were located in Richmond, Illinois.  He graduated from high
school in Richmond, Illinois, in May 1964, and according to information he
entered on the statement of personal history, he attended Northern Illinois
University in DeKalb, Illinois, between June 1964 and June 1967.  He listed
the address in Richmond, Illinois, as his sole residence between 1952 and
1967.

5.  On his National Agency Check document his residence was listed at the
Richmond, Illinois, address each summer between May 1964 and September
1967.  During the school year his residence was recorded at Northern
Illinois University.

6.  On 15 May 1969 the applicant was released from active duty.  His
separation document, which he authenticated, shows his HOR at time of entry
on active duty as the Richmond, Illinois, address.

7.  The September 2005 statement, provided by the applicant's former
employer, notes the employer remembered the applicant working at the Oriole
Springs Orchard in the summer and fall of 1967 and that he worked there
until he left for boot camp in September.  He also stated that while he
recalled the applicant was not residing with his parents in Richmond
because of problems with his father he could not remember the applicant's
specific address where he was renting on the lake in Twin Lakes that year.

8.  The applicant's sister authored a statement in November 2005 indicating
her brother had a stormy relationship with their father and that he moved
out of his parent's house immediately after graduating from high school in
May 1964 and lived at several addresses in both Illinois and Wisconsin
during that period until he was drafted in September 1967.  She stated that
for the five months just prior to his entry into the service he was renting
a small house on the lake in Twin Lakes, Wisconsin, and was living there
full time.

9.  Army Regulation 601-210 provides that 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.



10.  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.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy that requirement.

2.  The evidence clearly indicated the applicant was a resident of Illinois
at the time of his induction into the Army, in spite of the fact that he
may have been working and renting in Wisconsin during what appeared to be
only summer employment.  The applicant consistently listed the Illinois
address as his permanent address and, contrary to the statement rendered by
his sister, it does not appear that he moved out of his parents’ house
immediately after graduating from high school in May 1964.  Rather the
evidence shows he attended school and resided, or at least indicated, he
resided at the parents’ address during breaks from school.

3.  There is overwhelming evidence that Illinois was the applicant’s
permanent address at the time of his induction and as such was properly
recorded as his HOR.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 May 1972.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP __  ___RR __  ___EF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____Margaret Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003470                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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