IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011542
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 correction of item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address in Midland, TX instead of an address in San Diego, CA.
2. The applicant states although she was in San Diego at the time of her enlistment in the Army it was not her HOR.
3. The applicant provides copies of the following documents:
* an undated, self-authored statement
* DD Form 214 dated 15 December 2002
* Courtesy Shipper Information Sheet
* her daughter's Certificate of Birth
* her Social Security Card, Driver License and Temporary Permit
* her Marriage License
* Texas Woman's University Transcript dated 14 September 2000
* a document titled (Personal In Nature)
* Record of Emergency Data dated 10 April 2001
* Servicemember Group Life Insurance Selection and Certificate
* Police Record Check dated 7 August 2000
* Determination of Eligibility dated 22 January 2001
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. On 9 March 2001, after being granted a spouse waiver for enlistment in the United States Army Reserve (USAR), the applicant enlisted in the USAR for 8 years. Her DD Form 4/1 (Enlistment/Reenlistment Document) shows her HOR as San Diego, CA and that she enlisted form the San Diego Military Entrance Processing Station (MEPS). She initialed the DD Form 4/1 indicating the information contained therein was correct.
3. The applicant entered on active on 5 April 2001 and she was honorably discharged with severance pay on 15 December 2002 due to a physical disability.
4. Her DD Form 214 shows her HOR as an address in San Diego. The applicant signed her DD Form 214 indicating the information contained therein was correct.
5. The Temporary Permit she submits was issued to her on 29 January 2001 and the Driver License was issued on 25 February 2001 from the State of TX. Her Marriage License was certified on 6 December 1999, and her daughter's Certificate of Birth was issued on 9 December 1999 were also issued from the State of TX.
6. The Police Record Check she submits shows she was residing at an address in San Diego from 28 July 2000 until she entered active duty on 5 April 2001. Her Personal Roster shows her HOR as an address in San Diego and the self-authored statement she submits shows she was residing in San Diego at the time of enlistment.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge. It states the entry in item 7b must show the exact street address and city, state and zip code of the Soldier at the time of entry.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and her supporting documents have been considered. However, there is no error in the HOR shown on her DD Form 214.
2. At the time of enlistment her DD Form 4/1 was annotated to show her HOR as an address in San Diego. She enlisted from the San Diego MEPS. She initialed her contract stating the information contained therein was correct. In her supporting statement she acknowledged that at the time of enlistment she was residing in San Diego and she acknowledged that the address on her DD Form 214 was her HOR.
3. In accordance with the applicable regulation item 7b must show the exact street address and city, state and zip code of the Soldier at the time of entry. Based on the available evidence the HOR shown on the applicant's DD Form 214 is correct as reflected.
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) AR20100011542
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ABCMR Record of Proceedings (cont) AR20100011542
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