IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005547
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 requests the home of record (HOR) shown in item 8c (Home of Record at Time of Entry into Active Duty (Street, RFD, City State, and ZIP Code)) of his DD Form 214 (Report of Separation from Active Duty) be amended.
2. The applicant states a typographical error was made when he retired. A corrected HOR will enable him to be accepted into an Illinois Veterans home for long term care. He has been diagnosed with cancer.
3. The applicant provides a DD Form 214, a DD Form 4 (Enlistment Record - United States), and orders.
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 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 applicant enlisted in the Regular Army, on 21 September 1954. The highest rank/grade he attained while serving on active duty was master sergeant (MSG)/E-8.
3. Available records show the applicant reenlisted 3 times after his initial entry on active duty. With the exception of the last reenlistment, his HOR was always shown as Box ***, Ripley, (Schuyler County), Illinois. The address shown on his last reenlistment, which occurred on 15 October 1968, is Box **, Timewell, (Brown), Texas. This is the address later transferred to his DD Form 214.
4. The applicant provides:
* the DD Form 4 from his first enlistment
* Orders, Headquarters, 69th Signal Battalion, Special Orders (SO) Number 252, dated 25 October 1968, showing an amendment to paragraph 3 of SO Number 245, same headquarters, revising the HOR to the Ripley, Illinois address
5. Army Regulation 601-280 (Army Retention Program) states home of record means the place recorded as the home of the individual when commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into the relevant tour of active duty. The official source documents include the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States). The home of record is used to determine travel entitlements when the Soldier separates from the service. It can only be changed if there is a break in service of more than 1 day, or to correct an error.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant's HOR was the Ripley, Illinois address throughout his military career.
2. It appears the change of HOR made on the applicant's last reenlistment document was an error. Additionally, Army Regulation 601-280 does not permit a change except in cases of a break in service of more than 1 day or to correct an error. The applicant did not have a break in service, and the fact the applicant provided orders showing a correction of his HOR to an earlier document supports the contention an error occurred.
3. The DD Form 214 should be amended to show the Ripley, Illinois address as the applicant's HOR.
BOARD VOTE:
____X____ ___X_____ ___X_____ 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. As a result, the Board recommends the DD Form 214 for the period ending 31 October 1974 be amended to show the home of record as Box ***, Ripley, Illinois, as shown on his September 1954 enlistment contract.
___________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) AR20140005547
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ABCMR Record of Proceedings (cont) AR20140005547
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