IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080010319 


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, in effect, correction of block 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Massachusetts instead of Louisiana and blocks 7b (Home of Record at Time of Entry), 19a (Mailing Address after Separation), and 19b (Nearest Relative) on his DD Form 214 to show Massachusetts instead of Maryland.  He also requests correction of his DD Form 214 to show his overseas service.

2.  The applicant states, in effect, that all his civilian residences were in Massachusetts.  He also argues that he served in Kuwait and in Germany. 

3.  The applicant provides a DD Form 214 in support of this application.

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 (USAR) Delayed Entry Program (DEP) on 12 May 2003.  On 4 August 2003 he was discharged from the DEP and enlisted in the Regular Army on 5 August 2003 for 4 years.  He served in military occupational specialty (MOS) 92G (Food Service Specialist) until his separation on 14 April 2006.

3.  Block 7a (Place of Entry into Active Duty) of the applicant's DD Form 214 show the entry "Chicopee, Louisiana."  Block 7b (Home of Record at Time of Entry), block 19a (Mailing Address after Separation), and block 19b (Nearest Relative) show the entry "Southbridge, Maryland."

4.  Block 3 (Home of Record) of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows Southbridge, Massachusetts.  Block 4 (Place of Enlistment/Reenlistment) of this form shows Springfield, Massachusetts.  

5.  A search of the internet shows that in July 2003, the Springfield, Massachusetts Military Entrance Processing Station was relocated to Chicopee, Massachusetts.

6.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Kuwait during the period from January to February 2005.  However, specific dates are not available.

7.  During the processing of this case, a staff member from the ABCMR contacted the applicant for clarification on the dates of his deployment to Kuwait. However, the applicant could not provide the specific deployment dates.

8.  Block 12f (Foreign Service) of the applicant's DD Form 214 does not show any foreign service.  Block 18 (Remarks) on his DD Form 214 does not show any deployments.

9.  Section IX (Assignment Information) of the applicant's Enlisted Record Brief does not show he served overseas.


10.  Block 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.  Block 35 (Record of Assignments) of this form does not show an overseas assignment.

11.  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.  In pertinent part, it directs that the place of entry into active duty be entered in block 7a and the Home of Record at time of entry will be entered in item 7b of the DD Form 214.  Home of Record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  This regulation also states that that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in block 12f and the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in block 18 on the DD Form 214..

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show the correct state and to show his overseas service have been carefully reviewed.

2.  Evidence of record shows the applicant entered active duty on 5 August 2003 from Chicopee, Massachusetts.  Therefore, it would be appropriate to correct item 7a on his DD Form 214 to show Chicopee, Massachusetts.  

3.  The applicant's enlistment contract shows his home of record as Southbridge, Massachusetts.  It is evident that the state in blocks 7b, 19a, and 19b should be Massachusetts and not Maryland.  Therefore, it would be appropriate to correct these entries to show Southbridge, Massachusetts.

4.  Records at DFAS show the applicant served in Kuwait during the period from 
January to February 2005.  However, his inclusive dates of service are not available.  Absent evidence to show the specific dates of deployment to Kuwait, the applicant's request to correct his records to show this service cannot be granted.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows he served in Germany.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show any service in Germany.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  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 amending blocks 7a, 7b, 19a, and 19b on the applicant's DD Form 214 to show the state of Massachusetts instead of Louisiana or Maryland.

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 amending block 12f or 18 on his DD Form 214 to show his overseas service.



      __________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)                                         AR20080010319



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ABCMR Record of Proceedings (cont)                                         AR20080010319



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