IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100016181 


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 spouse of a deceased former service member (FSM), requests that the DD Form 1300 (Report of Casualty), dated 9 May 2008, be corrected to show the FSM's home of record (HOR) as San Angelo, Texas.

2.  The applicant states the DD Form 1300 shows the FSM's HOR as Portland, Texas, which has never been a place of residence or any place she and the FSM have ever been.

3.  The applicant provides:

* FSM's driver's license
* DD Form 1300
* 62nd Ordnance Company salute to the FSM

CONSIDERATION OF EVIDENCE:

1.  With prior service as a member of the Army National Guard, the FSM enlisted in the Regular Army for 4 years on 17 June 1997.  He remained on active duty through extensions and reenlistments.

2.  All of the DD Forms 4 (Enlistment/Reenlistment Document) contained in the FSM's official military personnel file show his HOR as San Angelo, Texas.

3.  The FSM was killed in action in Iraq on 30 April 2008.  The DD Form 1300 that the applicant received shows the FSM's HOR as Portland, Texas.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  It appears an error was made during the preparation of the DD Form 1300 which resulted in the incorrect HOR being reflected.

2.  His official military personnel file shows his HOR as San Angelo, Texas, and the DD Form 1300 should be corrected to reflect his proper HOR.

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 the applicant be issued the proper documentation to correct the DD Form 1300 to show the FSM's HOR as San Angelo, Texas.



      _____________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)                                         AR20100016181



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ABCMR Record of Proceedings (cont)                                         AR20100016181



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