IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013306
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 6 (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in Texas.
2. The applicant states his DD Form 214 incorrectly reflects he entered active duty at Fort Riley, KS when in fact he entered active duty in Texas. He further states the correction would clarify his eligibility for Hazelwood Legacy Act Educational Benefits in Texas.
3. The applicant provides a copy of his DD Form 214, a copy of his appointment letter, and a copy of 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 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 19 May 1979, the applicant was appointed as a U.S. Army Reserve (USAR) second lieutenant in the Air Defense Artillery (ADA) branch. He was in Arlington, TX at the time he accepted his appointment.
3. Orders published by the Third Reserve Officers' Training Corps Region at Fort Riley ordered him to active duty at Fort Bliss, TX for a period of 4 years with a reporting date no later than 7 June 1979.
4. The applicant reported to Fort Bliss on 6 June 1979, where he was accessed to active duty. He continuously served until he was honorably released from active duty (REFRAD) on 6 July 1984 in the rank of captain and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He had served 5 years, 1 month, and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD shows in block 6 that he entered active duty at Fort Riley.
5. A review of his records shows that he was never assigned to or served at Fort Riley; he only served at Fort Bliss and Germany.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects he entered active duty at Fort Riley has been noted and found to have merit.
2. The applicant entered active duty at Fort Bliss on 6 June 1979. Accordingly, his records should be corrected to reflect that 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 from block 6 of his DD Form 214 the entry "Fort Riley, Kansas" and replacing it with the entry "Fort Bliss, 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) AR20100013306
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ABCMR Record of Proceedings (cont) AR20100013306
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