IN THE CASE OF:
BOARD DATE: 9 April 2010
DOCKET NUMBER: AR20090017507
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 7a (Place of Entry into Active Duty) on his
17 December 1993 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Houston, Texas.
2. The applicant states that his DD Form 214 incorrectly lists 3d Battalion, 63d Armor, Army Post Office (APO) New York as the place he entered active duty. He adds that it should be listed as Houston, Texas.
3. The applicant does not provide any documents 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the Regular Army on 22 April 1981. His home of record and place of enlistment are listed as Houston, Texas on his enlistment/reenlistment documents. He was honorably discharged on
17 December 1993.
3. Item 7a of the applicant's 17 December 1993 DD Form 214 lists 3d Battalion, 63d Armor, APO New York.
4. Army Regulation 635-5 (Separation Documents), establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 states that a Soldier's initial enlistment contract or appointment document is the source for item 7a and 7b. The regulation instructs the preparer to enter in item 7a the city and state where the Soldier entered active duty.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that the applicant entered active duty from Houston, Texas. Therefore, his DD Form 214 should be corrected to show this information.
BOARD VOTE:
____X___ _____X__ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 7a of his DD Form 214, issued on 17 December 1993, and adding "Houston, Texas."
_______ _ _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) AR20090017507
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090017507
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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