IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140011376
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 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.
2. The applicant states the FSM may have been inducted in Chicago, but he never lived there. He lived in Galena, attended Galena High School, and worked in Galena at Kraft Foods when he was inducted.
3. The applicant provides copies of:
* newspaper articles covering the FSM's posthumous Silver Star award ceremony
* letter from FSM's company clerk in Vietnam
* letter from Mr. J____ W____ with FSM's information from the Vietnam Veterans Memorial Wall
* Army Review Boards Agency letter, dated 14 May 2014
* applicant's affidavit with her spouse's (FSM's brother) death certificate
* letter from applicant's counsel
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 was inducted on 25 March 1968 at the Armed Forces Examining and Entrance Station, Chicago, Illinois.
3. A DD Form 47 (Record of Induction) shows no entry in item 3 (Home of Record). Item 3a (Current Address) shows 575 Gear Street, Galena, Illinois. An Armed Forces Examining and Entrance Station, Chicago, Illinois, letter addressed to the Chief of Police, Galena, Illinois, lists the FSM's address as 575 Gear Street, Galena, Illinois.
3. On 15 May 1969, the FSM was killed in Vietnam as a result of hostile action.
4. A DD Form 1300 (Report of Casualty), dated 2 June 1969, shows his HOR as Chicago, Illinois.
5. The applicant provides copies of:
a. a newspaper article covering the FSM's posthumous award ceremony. The article states the FSM's parents accepted the posthumous award of the Silver Star on behalf of the FSM at Veterans Day ceremonies at the Galena Veterans Memorial; and
b. a letter from Mr. J____ W____, who relates he worked with the FSM's father and was the FSMs high school English teacher. The FSM was from Galena and grew up there. He indicated the FSM was working at the Galena Kraft Foods when he was inducted.
6. The Joint Federal Travel Regulation (JFTR), Appendix A, Part 1 provides that the HOR is the place recorded as the individuals home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. There is no authority to change the HOR as officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes. 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 available evidence shows the FSM did not designate a HOR when he was inducted in 1968. He did list his current address as 575 Gear Street, Galena, Illinois. The evidence provided by the applicant also supports Galena, Illinois as his parents home. Therefore, there is a presumption that he resided with his parents and was inducted from that location.
2. Based on the available evidence, the HOR listed on his DD Form 1300 should be changed from Chicago, Illinois to Galena, Illinois.
3. In view of the foregoing 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 that the evidence presented was 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
deleting the HOR Chicago, Illinois listed in item 4 of his DD Form 1300 and replacing it with "Galena, Illinois."
_______ _ _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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130011376
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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