RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 August 2007
      DOCKET NUMBER:  AR20070002978


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 changed from
Kansas to Tennessee on his DD Forms 214 (Armed Forces of the United States
Report of Transfer of Discharge).

2.  The applicant states the only time he was in Kansas was when he was
assigned to the 1st Infantry Division in 1956 through 1958.

3.  The applicant provides his DD Forms 214 for the period ending 24
January 1958 and the period ending 9 January 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1972, the date he was released from active duty for
the purpose of retirement.  The application submitted in this case is dated
21 February 2007.

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.  After having had prior service in the U. S. Air Force, the applicant
enlisted in the Regular Army on 21 March 1952.  His home address on his
enlistment contract was listed as Little Crab, Fentress County, Tennessee,
and he enlisted out of Knoxville, Tennessee.

4.  The applicant was honorably discharged on 24 January 1958.  Item 23
(Home of Record at Time of Entry into Active Service) of his DD Form 214
for the period ending 24 January 1958 shows the entry, “Little Crab
(Fentress) Tennessee.”

5.  The applicant immediately reenlisted on 25 January 1958 and was
honorably discharged on 24 January 1964.  Item 23 of his DD Form 214 for
the period ending 24 January 1964 shows the entry, “Manhattan, Riley,
Kansas.”

6.  The applicant immediately reenlisted on 25 January 1964 and was
honorably discharged on 24 January 1967.  Item 23 of his DD Form 214 for
the period ending 24 January 1967 shows the entry, “Manhattan, Riley,
Kansas.”
7.  The applicant immediately reenlisted on 25 January 1967 and was
honorably discharged on 24 January 1970.  Item 23 of his DD Form 214 for
the period ending 24 January 1970 shows the entry, “Manhattan, Kansas
66502.”

8.  The applicant immediately reenlisted on 25 January 1970 and was
honorably released from active duty on 31 January 1972 for the purpose of
retirement.  Item 23 of his DD Form 214 for the period ending 31 January
1972 shows the entry “Manhattan (Riley) Kansas.”

9.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states HOR is the
place recorded as the HOR of the Soldier when commissioned, appointed,
enlisted, or ordered to a tour of active duty.  This cannot be changed
unless there is break in service of at least one full day.

10.  Army Regulation 601-280 (Total Army Retention Program) provides
instructions for completing the DD Form 4 series upon immediate
reenlistment in the Regular Army.  It defines the term “Home of Record” as
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 HOR be
changed by the member.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the Regular Army on 21 March 1952, his
home address at the time was Little Crab, Fentress County, Tennessee, and
he enlisted out of Knoxville, Tennessee.  When he was honorably discharged
on   24 January 1958, item 23 of his DD Form 214 for the period ending 24
January 1958 correctly showed his HOR as Little Crab, Fentress County,
Tennessee.”

2.  The applicant never had a break in service after his March 1952
enlistment and therefore his HOR could never have been changed.  However,
his DD Forms 214 for the periods ending 24 January 1964, 24 January 1967,
24 January 1970, and 31 January 1972 erroneously showed his HOR as
Manhattan, Riley County, Kansas.  These four DD Forms 214 should be amended
to show his HOR as Little Crab, Fentress County, Tennessee.

3.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 January 1975.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__lds___  __eif___  __rjf___  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 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 amending his DD Forms 214 for the
periods ending 24 January 1964, 24 January 1967, 24 January 1970, and 31
January 1972 to show his home of record as Little Crab, Fentress County,
Tennessee.




                            __Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002978                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070807                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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