IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000541 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000541 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 amending the former service member's DD Form 1300 (Report of Casualty) as follows: * change item 2 from "Non-Battle" to "Battle" * delete from item 4 (Home of Record) "Detroit" and change it to "Warren" _____________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. IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000541 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 of a deceased former service member (FSM), requests, in effect, the FSM's DD Form 1300 (Report of Casualty), dated 6 August 1966, be corrected to show in item 2 (Casualty Status) "Battle" instead on "Non-Battle" and his home of record (HOR) in item 4 (Date and Place of Last Entry on Active Duty in Current Status and HOR at the Time) as Warren, MI, instead of Detroit, MI. 2. She states the FSM's casualty report lists his HOR as Detroit, MI, which is incorrect. Additionally, the form shows his casualty status as "Non-Battle" but he died in Vietnam as a result of wounds received in hostile ground action. 3. She provides: * self-authored statement * FSM's certificate of birth * Selective Service System – Order to Report For Armed Forces Physical Examination * DD Form 1300, dated 6 August 1966 * letter, dated 29 July 1969 * "Etched In Stone" casualty report * applicant's marriage license 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 FSM was inducted into the Army of the United States on 4 November 1965. His DD Form 47 (Record of Induction) lists his HOR as Warren, MI, and his current address as Warren, MI. 3. On 1 May 1966 he arrived in the Republic of Vietnam. 4. A DD Form 1300, Final Report, dated 6 August 1966 shows: a. Item 2, the status "Non-Battle" is checked with the entry "DIED 1 August 1966 in Vietnam as the result of metal fragment wounds to neck and abdomen received in hostile ground action." b. Item 4 shows his HOR as "Detroit, MI." c. Item 7 (Interested Persons) lists the FSM's wife, mother, and father addresses as Warren, MI. d. Item 12 (Remarks) contains the entry "Hostile Death." 5. She provides the FSM's order wherein he was to report for an armed forces entrance physical examination. This order shows his address as Warren, MI. REFERENCES: 1. Army Regulation 600-10 (The Army Casualty System), in effect at the time, prescribed the policies and procedures for the casualty operations functions to include casualty reporting, notification, assistance, and fatal accident family brief program. a. Paragraph 1-5 defines battle casualty as any person lost to his organization (dead, wounded, injured, missing, detained, captured, beleaguered, besieged, or interned), provided such loss is incurred in action. b. Paragraph 1-8 defines non-battle casualty as any person who is lost to his organization (dead, missing, ill, injured, or incapacitated), provided such loss is not incurred "in action" as defined in paragraph 1-5. 2. The Joint Federal Travel Regulation provides that the home of record is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the home of record as officially recorded at the time of entry into the military service. However, there is authority to correct a home of record if erroneously entered in the records at that time and then only for travel and transportation purposes. Correction of the home of record must be based on evidence that a bona fide error was made and the home of record as corrected must have been the actual home of the individual at the time of entry into the relevant period of service (emphasis added). It may not be a place selected for the convenience of the Soldier. DISCUSSION: 1. The FSM's record of induction verifies that his HOR was Warren, MI, and he resided in Warren, MI, as evidenced by the report order for a physical examination. Additionally, the DD Form 1300 lists the FSM's wife and parent's addresses as Warren, MI, at the time of the FSM's death. 2. The evidence of record further shows the FSM's death was due to hostile action as specified on the DD Form 1300. Therefore, based on the regulation as cited above, his casualty status should be listed as "Battle." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000541 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000541 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2