IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140011181 


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 daughter of the deceased former service member (FSM), requests correction of his records to show his home of record (HOR) as "Fayetteville, North Carolina (NC)."

2.  The applicant states the FSM's HOR was in Fayetteville, NC.  The FSM never lived in Texas (TX) and, as far as she knows, he never even went to TX.  He bought a home in Fayetteville, NC and the family never planned on moving from there.  She states that reviewing the FSM's records is too painful for her mother and that is why she is acting in her behalf.

3.  The applicant provides a copy of her birth certificate and a report of casualty pertaining to the FSM.

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.  A review of the FSM's Official Military Personnel File revealed the following pertinent enlistment and separation documents.

   a.  A WD AGO Form 21 (Enlistment Record – Regular Army [RA]) that shows the FSM enlisted in the RA on 10 June 1948.   The block for "Home Address" shows, in pertinent part, "Lumberton, Robeson County, NC."

   b.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows the FSM was honorably discharged on 8 March 1950.  Item 20 (Home Address at Time of Entry into Active Service) shows, in pertinent part, "Lumberton, Robeson County, NC."

   c.  A DD Form 47 (Record of Induction) that shows the FSM was inducted into the U.S. Army on 23 August 1951.   Item 3 (Present Home Address) shows, in pertinent part, "Lumberton, Robeson County, NC."

   d.  A DD Form 214 that shows the FSM was honorably discharged from the U.S. Army on 20 September 1951 to enlist in the RA.  Item 20 shows, in pertinent part, "Lumberton, NC."

   e.  A DD Form 4 (Enlistment Record – United States Army) that shows the FSM enlisted in the RA on 21 September 1951.  Item 4 (Home Address) shows, in pertinent part, "Lumberton, NC."

   f.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214), dated 26 April 1960, that shows the FSM was honorably discharged on 15 November 1957 to reenlist in the RA.  Item 23 (HOR at Time of Entry into Active Service) shows, in pertinent part, "Lumberton, NC."

   g.  A DD Form 4 (Enlistment Record – Armed Forces of the United States) that shows the FSM reenlisted in the RA on 2 December 1957.  Item 6 (Home Address) shows, in pertinent part, "Long Island, Queens County, NY" [New York].

   h.  A DD Form 214 that shows the FSM was honorably discharged on
22 November 1960 to reenlist in the RA.  Item 23 shows, in pertinent part, "Long Island (Queens), NY."

   i.  A DD Form 4 that shows the FSM reenlisted in the RA on 23 November 1960.  Item 6 shows, in pertinent part, "Bay City, TX."
   j.  A DD Form 214 that shows the FSM was honorably discharged on 
22 November 1966 to reenlist in the RA.  Item 23 shows, in pertinent part, "Bay City, TX."

   k.  A DD Form 4 that shows the FSM reenlisted in the RA on 23 November 1966.  Item 6 shows, in pertinent part, Bay City, TX.

   l.  A DD Form 1300 (Report of Casualty) that shows the applicant died on 
23 September 1967.  Item 4 (Date and Place of Last Entry on Active duty in Current Status and HOR at Time) shows, in pertinent part, "Bay City, Texas."  It also shows the FSM's mother and father were residing at the same home address (i.e., in Long Island, Queens County, NY) as recorded in his records during the period from 2 December 1957 through 22 November 1960.

3.  A further review of the above enlistment and separation documents shows the FSM certified the accuracy of the information on all of the forms by placing his signature on each document.

4.  Army Regulation 601-280 (Army Reenlistment Program), in effect at the time of the FSM's reenlistment in the RA on 23 November 1960 and on 23 November 1966, provides instructions for completing the DD Form 4.  The instructions for item 6 (HOR) state to enter the complete address for the individual's permanent home or legal residence to include, if applicable, house number and street, rural free delivery and box number, city, town, county, and state.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the HOR recorded in the FSM's records should be changed from Bay City, TX to Fayetteville, NC was carefully considered.

2.  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.  The evidence of record shows that, at the time of the FSM's reenlistment in the RA on 23 November 1960 (and also on 23 November 1966), he had the option to declare his permanent home or legal residence as his HOR.  On those occasions, the FSM certified with his signature that his HOR was in "Bay City, TX."

4.  Thus, the DD Form 1300 correctly shows the FSM's HOR as "Bay City, TX."

5.  There is no evidence of record that shows Fayetteville, NC was ever recorded as the FSM's HOR during the course of his military service.

6.  Therefore, in view of all 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)                                         AR20140011181



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011181



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1