RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004404


      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               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 request, in effect, that his home of record be changed on
his WD AGO Form 53-98 (Military Record and Report of Separation) from
Medford, Massachusetts to Everett, Massachusetts.

2.  The applicant states that he lived in Everett and attended public
schools in Everett.  He maintains he used his parents’ mailing address in
Medford for his selective service registration because it was uncertain if
he would still have a home in Everett following his release from military
service.

3.  The applicant provides a supporting letter, WD AGO Form 53-98, orders,
and a copy of a photo of himself from his yearbook.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 January 1946.  The application submitted in this case
is undated, but was received at this office on 29 March 2006.

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. The applicant's records show he was appointed and commissioned as a
temporary second lieutenant in the United States Army on 30 September 1944.
His home of record was listed as Medford, Massachusetts.

4.  The applicant’s WD AGO Form 53-98 show his permanent address for
mailing purposes as Everett, Massachusetts.  However, in item 25, "Home
Address at Time of Entry on Active Duty" is listed as "Medford,
Massachusetts".

5.  The letter from the Everett Veterans Services explained that the
applicant lived in Everett, Massachusetts, throughout his life.  However,
he had used his parents' new home as a mailing address during his active
duty military service and therefore, the Veterans Services supports the
applicant’s request to change his home of record address to Everett,
Massachusetts.
6.  The applicant provided a copy of his high school yearbook photo that
indicated he graduated from Everett High School.

7.  The applicant also provided a copy of General Orders Number 1187, dated

16 June 1945, that awarded him the Air Medal.  The order lists his home
address as Everett, Massachusetts.

8.  The applicant’s WD AGO Form 66-2 (Army and Air Force Officers’
Qualification Record) shows his permanent address as Medford,
Massachusetts. This entry was dated 30 September 1944.

9.  Documents in the applicant’s file, dated after the contested WD AGO
Form 53-98, show his home of record as Everett, Massachusetts.

10.  Army Regulation 601-280 (Army Retention Program) states that the home
of record is the place recorded as the home of the Soldier when entered
into the current tour of active duty.  It is not necessarily the legal
domicile as defined for income tax purposes.  The home of record is the
place recorded as the home of the individual when commissioned, appointed,
enlisted, inducted, or ordered into the relevant tour of active duty.  The
place recorded as the home of the individual when reinstated, reappointed,
or reenlisted remains the same as that recorded when commissioned,
appointed, enlisted, or inducted or ordered into the relevant tour of
active duty unless there is a break in service of more than one full day.
Only if a break in service exceeds one full day, can the home of record be
changed by the member.

DISCUSSION AND CONCLUSIONS:

1.  There is no doubt that the applicant lived and graduated from high
school in Everett, Massachusetts.  However, the evidence of record confirms
that the applicant’s home of record at the time he was appointed and
commissioned in the Army, was listed as Medford, Massachusetts.  The fact
he argues that the Medford address was where his parents’ lived and he only
used that mailing address for his selective service registration is not
justification to change his home of record on his separation document.

2.  In order to justify correction of a military record the applicant must
show, 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.



3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 January 1946 the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  However,
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

___PM __  __RS ___  __DH ___  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.




                                  _____Patrick McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004404                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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