IN THE CASE OF: BOARD DATE: 16 February 2012 DOCKET NUMBER: AR20110014560 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 the deceased former service member, requests correction of the FSM's military records to show his home of record (HOR), as Hinsdale (Berkshire), MA. 2. The applicant states the FSM lived in Hinsdale, MA when he entered the service but the location of his home was and is on the far end of the town, closer to the post office in Dalton, MA; therefore, the Dalton Post Office serviced that part of Hinsdale, MA. 3. The applicant provides a 1959 Hinsdale Town Report showing the FSM graduated from Hinsdale School. 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 records show the FSM listed his permanent mailing address as "Box 1XX, Dalton, Mass" on his DD Form 398 (Statement of Personal History). This same document shows in item 15 (List of All Residences from 1 January 1937) he resided in Hinsdale, MA from 1 January 1960 to 29 August 1965. 3. He was inducted into the Army of the United States on 30 August 1965. His DD Form 47 (Record of Induction) shows in: * item 3 (HOR) the entry - "P.O. Box 1XX, Dalton, Berkshire, Mass." * item 3a (Current Address) - "P.O. Box 1XX, Dalton (Berkshire) Mass." 4. He was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 29 August 1967. He completed 2 years of total active service. 5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows in item 21 (HOR at Time of Entry into Active Service) - P.O. Box 1XX, Dalton (Berkshire) Massachusetts 01226. 6. The applicant provides a document (source unverifiable) which shows the FSM graduated from Kittredge School in 1959. 7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Item 20 (Place of Entry into Active Service) of the DD Form 214, in effect at the time, shows the city and state where the Soldier entered active duty and Item 21 shows the Soldier’s HOR (street, city, county, state, and zip code). A Soldier’s initial record of induction, enlistment contract, or appointment document is the source for this data. 8. The Joint Federal Travel Regulation provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at the time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time. 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 applicant requests the FSM's HOR be changed to show Hinsdale, MA. 2. The FSM's official military records indicate that immediately prior to his induction into the Army of the United States he resided in Hinsdale, MA. 3. DD Form 47 clearly shows that the FSM's mailing address was entered in the block reserved for an HOR entry. Furthermore, this same entry was placed in the block reserved for his mailing address. 4. It is unclear why the FSM listed what the applicant now contends was purely a mailing address as his HOR; but there is sufficient evidence to conclude that an error occurred in the recording of his HOR at the time of induction. Accordingly, it would be appropriate to correct Item 21 of his DD Form 214 to show Hinsdale, Berkshire, MA. 5. In view of the above, 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 the evidence presented is 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 showing the entry "Hinsdale, Berkshire, MA" in item 21 of his DD Form 214. _______ _ 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) AR20110014560 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014560 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1