IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110014560
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, the brother of the deceased former service member, requests correction of the FSM's military records to show his home of record (HOR), as Hinsdale (Berkshire), MA.
2. The applicant states the FSM lived in Hinsdale, MA when he entered the service but the location of his home was and is on the far end of the town, closer to the post office in Dalton, MA; therefore, the Dalton Post Office serviced that part of Hinsdale, MA.
3. The applicant provides a 1959 Hinsdale Town Report showing the FSM graduated from Hinsdale School.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The records show the FSM listed his permanent mailing address as "Box 1XX, Dalton, Mass" on his DD Form 398 (Statement of Personal History). This same document shows in item 15 (List of All Residences from 1 January 1937) he resided in Hinsdale, MA from 1 January 1960 to 29 August 1965.
3. He was inducted into the Army of the United States on 30 August 1965. His
DD Form 47 (Record of Induction) shows in:
* item 3 (HOR) the entry - "P.O. Box 1XX, Dalton, Berkshire, Mass."
* item 3a (Current Address) - "P.O. Box 1XX, Dalton (Berkshire) Mass."
4. He was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 29 August 1967. He completed 2 years of total active service.
5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows in item 21 (HOR at Time of Entry into Active Service) - P.O. Box 1XX, Dalton (Berkshire) Massachusetts 01226.
6. The applicant provides a document (source unverifiable) which shows the FSM graduated from Kittredge School in 1959.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Item 20 (Place of Entry into Active Service) of the DD Form 214, in effect at the time, shows the city and state where the Soldier entered active duty and Item 21 shows the Soldiers HOR (street, city, county, state, and zip code). A Soldiers initial record of induction, enlistment contract, or appointment document is the source for this data.
8. The Joint Federal Travel Regulation provides 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 the time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the FSM's HOR be changed to show Hinsdale, MA.
2. The FSM's official military records indicate that immediately prior to his induction into the Army of the United States he resided in Hinsdale, MA.
3. DD Form 47 clearly shows that the FSM's mailing address was entered in the block reserved for an HOR entry. Furthermore, this same entry was placed in the block reserved for his mailing address.
4. It is unclear why the FSM listed what the applicant now contends was purely a mailing address as his HOR; but there is sufficient evidence to conclude that an error occurred in the recording of his HOR at the time of induction. Accordingly, it would be appropriate to correct Item 21 of his DD Form 214 to show Hinsdale, Berkshire, MA.
5. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entry "Hinsdale, Berkshire, MA" in item 21 of his DD Form 214.
_______ _ X_______ ___
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) AR20110014560
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014560
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130001001
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 June 2004, to show her home of record (HOR) as an Alabama (AL) address instead of P.O. When her mobilization period ended, she was issued orders that released her from active duty on 11 June 2004 and listed the place she entered active duty as Columbus, GA, and her HOR as Fort Gordon, GA. Therefore, without evidence to the contrary, it is...
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.
ARMY | BCMR | CY2010 | 20100027914
IN THE CASE OF: BOARD DATE: 9 June 2011 DOCKET NUMBER: AR20100027914 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty), Items 7a (Place of Entry into Active Duty) and 7b (Home of Record (HOR) At Time of Entry), be changed to "Massachusetts." _______ _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2014 | 20140011181
The evidence of record shows that: * for the period of service from 10 June 1948 through 8 March 1950 and from 23 August 1951 through 15 November 1957, the FSM designated his HOR as "Lumberton, NC" * upon enlistment in the RA on 2 December 1957, the FSM designated his HOR as "Long Island, NY" * upon reenlistment in the RA on 23 November 1960 and on 23 November 1966, the FSM designated his HOR as "Bay City, TX" 3. Thus, the DD Form 1300 correctly shows the FSM's HOR as "Bay City, TX." There...
ARMY | BCMR | CY2012 | 20120020960
The applicant requests correction of his records to show his home of record (HOR) as San Antonio, Texas (TX) instead of Florence, Arizona (AZ). He applicant states he enlisted in AZ, but he was a citizen of TX at the time of entry in the Army. The evidence of record shows the applicant's HOR was Florence, AZ, and the place of enlistment was Phoenix, AZ, at the time of his enlistment in the DEP and RA on 26 April and 5 June 2008, respectively.
ARMY | BCMR | CY2012 | 20120005846
Application for correction of military records (with supporting documents provided, if any). The applicant states he was living in Alabama at the time of his enlistment in the Army. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, and there is no authority to change the HOR officially recorded at the time of entry into military service.
ARMY | BCMR | CY2015 | 20150000459
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "Superior, WI." The applicant listed his HOR on his enlistment documents as King Salmon, AK, despite residing at the time in Superior, WI. Therefore, barring further explanation and evidence that shows his HOR was incorrectly represented at the time of his enlistment, there is an insufficient basis to grant the requested relief at this time.
ARMY | BCMR | CY2001 | 2001061682C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. One of the documents submitted in support of the applicant’s request indicates the FSM’s “home” was Traverse City. However documents in his official military records, indicate that at the time of enlistment in the Regular Army he was residing in Traverse City, Michigan.
ARMY | BCMR | CY2012 | 20120002011
The applicant's record contains: a. a DD Form 215 (Correction to DD Form 214) issued on 19 April 1990, corrected the SSN on his DD Form 214. His DD Form 214 clearly shows his rank at the time of his discharge was SP5 (T). ABCMR Record of Proceedings (cont) AR20100016576 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110005015
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Hinsdale, Massachusetts, as his home of record (HOR) at the time he entered active duty. The applicant's complete military service records are not available to the Board for review. The evidence of record shows that special orders issued at the time the applicant was REFRAD confirmed his HOR upon entry into active duty was Pittsfield, Massachusetts.