IN THE CASE OF:	  

		BOARD DATE:	        14 May 2009

		DOCKET NUMBER:  AR20090001717 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 13 October 1984, to show that he entered special active duty for training from the state of Florida and was subsequently separated in Florida.

2.  The applicant states, in effect, that his DD Form 214 should show that he entered active duty from Delray Beach, Florida and was subsequently separated from active duty in Florida.  The applicant contends that recently the state of Florida started providing tax relief for those individuals who entered the military from the state of Florida and he would like to utilize the benefit. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 and his active duty orders. 

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.  At the time of his application, the applicant was a retired lieutenant colonel, United States Army Reserve, residing in the state of Florida.

3.  Orders T-10-332327, United States Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, dated 13 October 1983, ordered the applicant to special active duty for training.  The orders indicate that the applicant's mailing address at the time was Post Office Box 6824, West Palm Beach, Florida.  He was directed to proceed to Fort McPherson, Georgia, with a report date of 24 October 1983.  His period of active duty for training was 179 days plus allowable time for travel, later extended to a period of 355 days.

4.  The applicant's DD Form 214 ending on 13 October 1984, shows the following:

a. He entered active duty for training, on 24 October 1983, at Fort 
McPherson, Georgia;

b. On 13 October 1984, the applicant was released from active duty for 
training at Fort McPherson, Georgia in the rank of lieutenant colonel, pay grade O-5.  He had completed 11 months and 20 days of active duty service; and

   c.  The applicant’s DD Form 214, Item 18 (Remarks) shows the DD Form 214 was "administratively issued on 25 March 1988."  Item 18 contains no other comments.  The applicant was not available to sign the DD Form 214 when it was issued.

5.  Delray Beach, Florida is located approximately 17 miles from West Palm Beach, Florida.

6.  Army Regulation 635-5 (Separation Documents), effective 1 August 1981, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that Item 6 (Place of Entry into Active Duty) and Item 8 (Station Where Separated) of the DD Form 214 would show the city and state from where the applicant last entered on active duty and the Army station or installation and state where he was separated. 





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that during the period of service in question he entered special active duty for training from Delray Beach, Florida; and was separated in Florida.  He further contends that his DD Form 214 should be corrected to show this information.

2.  The applicant states that, at the time, he was living in Delray Beach, Florida, and his mailing address was a post office box in West Palm Beach, Florida.  Since these two locations are within 17 miles of each other, it is accepted that the applicant lived in Del Ray Beach and he received his mail at a West Palm Beach address.  

3.  The applicant’s orders were addressed to his mailing address in Florida and he was directed to travel to Georgia. 

4.  The applicant's DD Form 214 shows that his active duty service began and ended in the state of Georgia.  He served at Fort McPherson, Georgia; however, he began his special active duty for training while living in the State of Florida, and remained on special active duty for training until he returned to his home in Florida.  

5.  In view of the above, the applicant's DD Form 214 should be corrected by: adding “Delray Beach, Florida” to Item 6; and adding in Item 18 "Ordered to special active duty for training for a period of 355 days plus travel time from Delray Beach, Florida, to Fort McPherson, Georgia and return."  However, in accordance with Army Regulation 635-5, Item 8 should remain unchanged.

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:

   a.  showing in Item 6 of the applicant’s DD Form 214:  Delray Beach, Florida; and 
   
   b.  adding in Item 18 of his DD Form 214:  "Ordered to special active duty for training for a period of 355 days plus travel time from Delray Beach, Florida, to Fort McPherson, Georgia and return." 
   
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 changing the applicant's place of separation in Item 8 of his DD Form 214 ending on 13 October 1984.




      _______ _   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)                                         AR20090001717



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ABCMR Record of Proceedings (cont)                                         AR20090001717



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