IN THE CASE OF:	  

		BOARD DATE:	        5 August 2008

		DOCKET NUMBER:  AR20080009223 


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 requests that the date she entered active duty and her separation date be corrected.  She also requests correction of her records to show her Home of Record (HOR) as Albany, Georgia. 

2.  The applicant states, in effect, that her entry on active duty date, separation date, and HOR are incorrect.  She states that her HOR is Albany, Georgia, not Putney, Georgia.

3.  The applicant provides a copy of Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders M-072-0044, dated 13 March 2003; Headquarters, 3rd Infantry Division and Fort Stewart Orders 295-0004, dated
21 October 2004; her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 March 2004; and her DD Form 214 for the period ending 27 October 2004.  

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 applicant enlisted in the U.S. Army Reserve on 30 September 1980
under the delayed entry program.  Her DD Form 4/1 (Enlistment/Reenlistment Document) shows her HOR as Albany, Georgia.  She enlisted in the Regular Army on 30 December 1980 and was discharged on 16 October 1983 for immediate reenlistment.  

3.  She reenlisted on 17 October 1983.  Her DD Form 4/1 shows her HOR as Albany, Georgia.  She was discharged on 5 May 1988 for immediate reenlistment.  

4.  She reenlisted on 6 May 1988.  Her DD Form 4/1 shows her HOR as Albany, Georgia.  

5.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss orders 111-10, dated 10 June 1992, discharged the applicant from active duty on 28 August 1992.  These orders show her HOR as Albany, Georgia.  

6.  Her DD Form 214 for the period ending 28 August 1992 shows she entered active duty on 30 December 1980 and was discharged on 28 August 1992.  Her HOR is shown as Albany, Georgia in item 7b (HOR at Time of Entry).  

7.  She enlisted in the U.S. Army Reserve on 29 August 1992.  Her DD Form 4/1 shows her HOR as Albany, Georgia.  

8.  She reenlisted in the U.S. Army Reserve on 28 August 1995.  Her DD Form 4/1 shows her HOR as Putney, Georgia.  

9.  Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders M-072-0044, dated 13 March 2003, ordered the applicant to active duty on 15 March 2003 for a period of 365 days in support of Operation Enduring Freedom/Operation Iraqi Freedom.

10.  She was issued a DD Form 214 for the period ending 14 March 2004 which shows she entered active duty on 15 March 2003 and was released from active duty on 14 March 2004.  Her HOR is shown as Putney, Georgia in item 7b.  


11.  Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri Orders A-03-402192, dated 10 March 2004, ordered the applicant to active duty on 15 March 2004 for a period of 150 days (to include accumulative leave) with an ending date of 11 August 2004.

12.  Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri Orders A-03-402192A01, dated 4 August 2004, amended Orders 
A-03-402192, dated 10 March 2004, to show her period of active duty as 225 days (to include accumulative leave) with an ending date of 11 August 2004.

13.  Headquarters, 3rd Infantry Division and Fort Stewart Orders 295-0004, dated 21 October 2004, released the applicant from assignment and duty effective
27 October 2004 because of physical disability incurred while entitled to basic pay.  On the following date, she was placed on the retired list.

14.  She was issued a DD Form 214 for the period ending 27 October 2004 which shows she entered active duty on 14 March 2004 and was discharged on 27 October 2004.  Her HOR is shown as Putney, Georgia in item 7b.

15.  Army Regulation 635-5 (Separation Documents) directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  It directed that the date separation was accomplished would be entered in item 12b of the DD Form 214.

16.  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.  In pertinent part, it directs that the HOR at time of entry will be entered in Block 7b of the DD Form 214.  This regulation states that the street, city, state and zip code will be entered.  HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Regular Army from 30 December 1980 through 28 August 1992.  She was issued a DD Form 214 which properly reflects this period of service.  

2.  The applicant enlisted in the U.S. Army Reserve on 29 August 1992.  She was ordered to active duty on 15 March 2003 and was released from active duty on 14 March 2004.  She was issued a DD Form 214 for the period of 14 March 2004 which properly reflects she entered active duty on 15 March 2003 and was released from active duty on 14 March 2004.

3.  The applicant was ordered to active duty on 15 March 2004 and was separated on 27 October 2004.  She was issued a DD Form 214 for the period ending 27 October 2004 which reflects she entered active duty on 14 March 2004 and was separated on 27 October 2004.  Orders show her entry on active duty date as 15 March 2004.  Therefore, item 12a on her DD Form 214 for the period ending 27 October 2004 should be amended to show 15 March 2004.

4.  There is no evidence to show that the date of separation on any of her DD Forms 214 is wrong.  

5.  The applicant enlisted in the U.S. Army Reserve on 30 September 1980.  She enlisted in the USAR again on 29 August 1992.  Both times, the city and state of her HOR were recorded as Albany, Georgia.  

6.  By regulation, the place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Since the applicant did not have a break-in-service, her HOR should have remained Albany, Georgia.  Therefore, her DD Form 214 for the periods ending 14 March 2004 and 27 October 2004 should be amended to reflect her HOR as Albany, Georgia.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 12a on her DD Form 214 for the period ending 27 October 2004 to show the date she entered active duty as 15 March 2004; and

	b.  amending item 7b on her DD Form 214 for the periods ending 14 March 2004 and 27 October 2004 to show her HOR as Albany, Georgia.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of her separation dates.



      ________xxxx__________
               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)                                         AR20080009223



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ABCMR Record of Proceedings (cont)                                         AR20080009223



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