IN THE CASE OF
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017646
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 a deceased former service member (FSM), requests the home of record (HOR) listed in his brother's records be changed so that he can be listed in the Vietnam Registry as a resident of Maine.
2. The applicant states the FSM enlisted in Middletown, Rhode Island, in August 1966. He never had a physical address in that state. He enlisted with a friend who lived in that state and is incorrectly listed in the Vietnam Registry as having been a resident of Rhode Island.
3. The applicant provides copies of:
* correspondence from his Senator
* 3 January 2014 Army Review Boards Agency letter
his birth certificate
* his Family History
* FSM's State of Maine Copy of a Record of Live Birth
* 4 December 1967 DA Form 52-2 (Statement of Casualty) showing the FSM's home of record as Middletown, Rhode Island
* Western Union Telegram
* newspaper article announcing posthumous award of the Bronze Star Medal for the FSM
* FSM's picture
* photograph showing the FSM's name on the Vietnam Veteran's Memorial
* 26 November 1968 Office of the Adjutant General Department of the Amy letter
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 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 FSM enlisted in the Regular Army on 29 August 1966. A DA Form
4 (Enlistment Record - Armed Forces of the United States) shows his HOR as
Middletown, Rhode Island. This form also lists a home address in Middletown, Rhode Island.
3. On 19 November 1967, the FSM was killed in Vietnam as the result of wounds received in hostile ground action.
4. A DD Form 1300 (Report of Casualty), dated 4 December 1967, shows his HOR as Middletown, Rhode Island. The DA Form 2204 (Survivor Assistance Report), dated 25 January 1968, shows he was to be interred at Topsham, Maine.
5. The applicant provides documents showing the FSM was born in Maine and his parents lived in Maine. He did not provide evidence showing the FSM's address in Maine.
6. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) states for Regular Army Soldiers, enter the street, city, state, and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlists remains the same as that recorded when he enlisted 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 Soldier.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the FSM designated his HOR and his home address as Middletown, Rhode Island when he enlisted.
2. There is no available evidence showing the FSM had an address in Maine when he enlisted or that he tried to change his HOR to an address in Maine.
3. Regrettably, in view of the foregoing there is no basis for granting the applicant's requested relief.
BOARD VOTE:
_____ __ _____ __ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20100016576
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017646
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000407
b. the FSM was a member of Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade and was killed in action in the Republic of Vietnam on 19 November 1967. c. he would like the FSM's DA Form 52-2 (Report of Casualty) corrected by changing the entry stating "Home of Record Middletown, Rhode Island" to read "Home of Record Brunswick, Maine." i. when the traveling Vietnam Wall came to Brunswick and the family went to view it, the FSM's name was...
ARMY | BCMR | CY1996 | 9605421C070209
APPLICANT REQUESTS: That his home address contained in his military records be corrected from an address in Rhode Island to an address in Massachusetts. He submits two other statements attesting to his living in Massachusetts when he enlisted, and plot maps showing that a gas station exists on the street that is listed as his address in his military records. The applicant stated in writing at the time of his induction that he lived at an address in Rhode Island.
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 | CY2011 | 20110014560
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. His DD Form 47 (Record of Induction) shows in: * item 3 (HOR) the entry - "P.O. Accordingly, it would be appropriate to correct Item 21 of his DD Form 214 to show Hinsdale, Berkshire, MA.
ARMY | BCMR | CY2014 | 20140011376
The applicant, the sister-in-law of a deceased former service member (FSM), requests the home of record (HOR) listed on the FSM's DD Form 1300 (Report of Casualty) be changed from Chicago, Illinois to Galena, Jo Daviess County, Illinois. A DD Form 47 (Record of Induction) shows no entry in item 3 (Home of Record). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the HOR Chicago, Illinois listed in item 4 of his...
ARMY | BCMR | CY2013 | 20130006613
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as El Paso, TX. The applicant provides: * self-authored statement * HOR Information from the 7th Army Joint Multinational Training Command * extract of Army Regulation 601-280 (Army Retention Program) * extract of Army Regulation 600-8-104 (Army Military Human Resources Records (AMHRR) Management) * DA Form 71 (Oath of Office Military Personnel),...
ARMY | BCMR | CY2001 | 2001062612C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: This time his DD Form 4/1 showed his HOR as Middletown, Connecticut; however, his active duty orders, dated 19 September 1989, showed his HOR as South Point, Ohio.
ARMY | BCMR | CY2006 | 20060003470C070205
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. 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.
ARMY | BCMR | CY2011 | 20110021288
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 September 1993 to show his home of record (HOR) as "Middletown, OH" instead of "Lawton, OK." 2. In this case, the evidence of record shows upon his initial enlistment in the RA in 1976 the applicant listed "Middletown, OH" as his HOR. The applicant's HOR appears not to be in error on any of the applicant's DD Forms 214.
AF | BCMR | CY2014 | BC 2014 03986
According to DD Form 214, Certificate of Release or Discharge from Active Duty, associated with her 13 Jul 03 release from active duty, her HOR at time of entry is listed as 36707 San Pedro Dr., Apt 120, Fremont, CA 94536. The complete DPSIPE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted a response stating when she was in contact with her recruiter she was a full-time out-of-state student at Alliant International University in California. ...