RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060014577 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) as Illinois.  

2.  The applicant states that her HOR is Illinois.  She and her ex-husband were visiting his family in Texas at the time she entered the service.  The recruiter arranged for them to go to San Antonio, Texas in order to fly to Fort Jackson from there.  She states her HOR was changed and she has never lived in Texas. She also states that this was a mistake made by a recruiter.  She was told by a military liaison at Northeastern Illinois University that her HOR could not be changed.  She states she had to take out $50,000.00 in student loans due to this error.  

3.  The applicant provides no additional documents in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 23 November 1982.  The application submitted in this case is dated 5 October 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) under the delayed entry program on 28 September 1979.  Her DD Form 4 (Enlistment/Reenlistment Document) shows her HOR as Lake Villa, Illinois and her place of enlistment as the Armed Forces Examining and Entrance Station (AFEES), Chicago, Illinois.  She enlisted in the Regular Army on 27 November 1979.  Her enlistment contract shows she executed her oath of enlistment at the AFEES in San Antonio, Texas. 

4.  Department of Defense, Armed Forces Examining and Entrance Station, San Antonio Enlistment/Travel Order Number 237-11, dated 27 November 1979 shows she entered active duty in San Antonio, Texas on 27 November 1979 and was assigned to Fort Jackson, South Carolina for basic combat training.  
5.  The applicant was honorably released from active duty on 23 November 1982 and was transferred to the USAR Control Group (Reinforcement) to complete her Reserve obligation.

6.  Headquarters, U.S. Army Training Center and Fort Dix Orders 327-216, dated 23 November 1982, shows the applicant’s HOR as Lake Villa, Illinois.

7.  Item 6 (Place of Entry into Active Duty) on the applicant's DD Form 214 shows she entered active duty in San Antonio, Texas.

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version, in effect at the time, directed that city and state from which member last entered on active duty from civilian life would be entered in item 6 on the DD Form 214.  This version of Army Regulation 635-5 did not require an entry for HOR on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 28 September 1979.  At that time, the city and state of her HOR were recorded as Lake Villa, Illinois on her enlistment contract.  She was separated from active duty on 23 November 1982 and her separation orders were prepared to show her HOR as Lake Villa, Illinois.  

2.  Based on Army Regulation 635-5, the city and state from which the member last entered active on active duty would be reflected in item 6 on the DD Form 214.  Since the applicant entered active duty in San Antonio, Texas, her DD Form 214 properly reflects the entry “San Antonio, Texas” in item 6.  In the version of Army Regulation 635-5 in effect at the time, there was no provision for entry of HOR on the DD Form 214.

3.  The applicant can provide a copy of her enlistment contract, her separation orders, and this Record of Proceedings to the appropriate university officials to verify her HOR as Illinois.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 November 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 November 1985.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______x______  x______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




x__________
          CHAIRPERSON




INDEX

CASE ID
AR20060014577
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.