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