BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024095
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his place of entry and home of record as San Antonio, Texas.
2. 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.
3. The applicant provides copies of his Federal tax returns for the years 1994 through 1997.
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. Orders A-01-003028, U.S. Total Army Personnel Command, St. Louis, Missouri, dated 23 January 1997, show the applicant:
a. was ordered to active duty as a second lieutenant effective 14 February 1997;
b. was residing at the time in San Antonio, Texas; and
c. his home of record was listed as San Antonio, Texas.
3. The applicant's DD Form 214 shows in:
a. item 7a (Place of Entry into Active Duty) Phoenix, AZ;
b. item 7b (Home of Record at Time of Entry) Phoenix, AZ 85306;
c. item 12a (Date Entered Active Duty this Period) 14 February 1997;
d. item 12b (Separation Date This Period) 14 April 1999; and
e. item 19a (Mailing Address After Separation) Kempner, Texas.
4. The Federal tax returns provided by the applicant for the 3 years preceding his entry on active duty show he claimed Texas as his state of residency.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for the place of entry and home of record at the time of entry on active duty. The source document for this information is the appointment document or the order to active duty that records the home of record. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his place of entry on active duty and his home of record as San Antonio, Texas.
2. 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. Therefore, his DD Form 214 should be so corrected.
BOARD VOTE:
____x_ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. showing in item 7a of his DD Form 214 San Antonio, Texas; and
b. showing in Item 7b of his DD Form 214 San Antonio, Texas 78209.
___________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) AR20100024095
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ABCMR Record of Proceedings (cont) AR20100024095
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