BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090014769
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 item 10b (Selective Service Local Board Number (City, County, State, and Zip Code)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show an address in San Antonio, Texas.
2. The applicant states, in effect, that he returned to his home state and he now lives in San Antonio, Texas. He indicates that he can qualify for the Hazelwood Grant if his home of record shows San Antonio, Texas.
3. The applicant provides a copy of his DD Form 214 in support of his 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. Item 38 (Selective Service Local Board (Board Number, City, and State)) of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the entry "BD NO. 339 SAGINAW, MI." Item 41 (Home of Record) on this contract shows an address in Saginaw, Michigan.
3. The applicant enlisted in the Regular Army on 29 October 1968 for a period of 3 years. He served as a maintenance data specialist in Vietnam from 14 April 1969 to 1 April 1970. He was released from active duty on 2 November 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 10a (Selective Service Number) of the applicant's DD Form 214 contains his selective service number. Item 10b of his DD Form 214 shows the entry "LB# [Local Board Number] 339 Saginaw, Michigan." Item 21 (Home of Record at Time of Entry into Active Service) of his DD Form 214 shows an address in Saginaw, Michigan.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that in all cases in which the selective service number is recorded in item 10a, enter in item 10b the selective service local board number and the city and state in which located.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he now lives in his home state of Texas was noted. However, the evidence of record shows that his home of record at the time of his enlistment in the Regular Army in 1968 was Saginaw, Michigan. His enlistment contract shows his Selective Service Local Board was 339 in Saginaw, Michigan, which is properly shown in item 10b of his DD Form 214. Therefore, there is no basis for granting the applicant's request to amend item 10b of his DD Form 214.
2. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ____x____ ____x_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20090014769
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090014769
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002474
The applicant requests correction of her final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her Place of Entry Into Active Duty (Place EAD) was San Antonio, TX, not Miami, FL. The applicant states that her initial DD Form 214 shows her Place EAD was Miami, FL, which is correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting Headquarters, U.S. Army Garrison, Fort Dix, NJ,...
ARMY | BCMR | CY2012 | 20120004557
The applicant requests correction of item 21 (Home of Record (HOR) at Time of Entry into Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "2448 P----------- Dr., Weslaco, TX. The evidence of record supports the applicant's request to correct item 21 of his DD Form 214 to show an address in Weslaco, TX. There is no evidence showing the street address of his HOR was "2448 P----------- Dr." at the time of induction.
ARMY | BCMR | CY2014 | 20140010139
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 2000 to show her home of record (HOR) as San Antonio, Texas. The applicant provides: * DD Form 214 * driver's license information * DA Form 71 (Oath of Office) * Texas dental license * tax documents * real estate purchase agreement/settlement statement CONSIDERATION OF EVIDENCE: 1. Correction of the HOR must be based on evidence that a bona fide error...
ARMY | BCMR | CY2010 | 20100014923
The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.
ARMY | BCMR | CY1996 | 9605505C070209
The applicant requests correction of his military records to show on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 1 February 1986 that the place of entry into active duty was San Antonio, Texas, instead of Fort Sill, Oklahoma. Orders issued by Fort Sill, dated 12 March 1974, indicate that the applicant was ordered to active duty from the Texas Army National Guard, in the rank of second lieutenant, as a Reserve officer of the Army effective...
ARMY | BCMR | CY2014 | 20140008429
IN THE CASE OF: BOARD DATE: 26 June 2014 DOCKET NUMBER: AR20140008429 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his officially recorded home of record (HOR) be changed. Therefore, his HOR should have been changed from Georgetown, SC, the location where he initially enlisted, to Converse, TX, his legal residence/HOR on the date of commissioning; and d. he must sign the final DD Form 214 prior to 31 August 2014, his date of retirement.
ARMY | BCMR | CY2006 | 20060014577
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. 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. At that time, the city and state of her HOR were...
ARMY | BCMR | CY2011 | 20110018363
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 August 1992 to show item 7a (Place of Entry Into Active Duty (PEAD)) and item 7b (Home of Record (HOR) at Time of Entry) as San Antonio, TX vice Showlow, AZ. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2007 | 20070012901
The applicant provides the following documentary evidence in support of his application: a. DD Form 214, dated 31 May 2007. b. DD Form 214, dated 12 February 1992. c. Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, Orders 24-86-A-009, dated 24 January 1992 (Active Duty Orders). Evidence of record shows that the applicant entered active duty in San Antonio, Texas, when he enlisted in the Regular Army on 20 November 1984. Evidence of record further shows that the applicant...
ARMY | BCMR | CY2010 | 20100024095
Application for correction of military records (with supporting documents provided, if any). The applicant states he entered service as a commissioned officer while residing in San Antonio, Texas, and not in Phoenix, Arizona, as shown on his DD Form 214. The available evidence clearly shows that at the time of his commissioning and subsequent order to active duty, the applicant's place of entry and home of record were both San Antonio, Texas.