IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100018753
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 block 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show El Paso, Texas, instead of Brooklyn, New York.
2. The applicant states he was living with his brother in El Paso, Texas, at the time of his entry on active duty.
3. The applicant provides a copy of his DD Form 214.
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. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 26 June 1976 and in the Regular Army on 13 July 1976.
3. Section I (Identification Data) of his initial DD Form 4 (Enlistment or Reenlistment Agreement) shows his place of enlistment as Brooklyn, New York. Section VII (Change of Status) of the DD Form 4 shows he entered active duty on 13 July 1976. This section also indicates his oath was administered, subscribed, and duly sworn on the same date at Fort Hamilton, New York. Fort Hamilton is located in Brooklyn, New York, as indicated on the Fort Hamilton official military web site.
4. He reenlisted on 11 April 1979, 27 February 1984, and on 28 November 1988.
On 31 July 1992, he was released from active duty and transferred to the U.S. Army Reserve Control Group after completing 16 years and 18 days of active duty service without a break in service. Block 7a of his DD Form 214 shows his place of entry on active duty as Brooklyn, New York.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that for block 7a, enter the city and state where the Soldier entered active duty. A Soldier's initial enlistment contract or appointment document is the source for this data, or any approved change by the Enlisted Records and Evaluation Center.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his place of entry on active duty as El Paso, Texas, has been carefully reviewed.
2. His initial DD Form 4 shows he entered active duty at Fort Hamilton, New York. His records also show he reenlisted on three occasions and served 16 years and 18 days of continuous active duty service. There is no evidence in his official military personnel file and he provided none that shows he was residing in and entered active duty in El Paso, Texas.
3. In view of the above, his request should be denied.
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 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) AR20100018753
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018753
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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