IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20110000272
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 7a (Place of Entry into Active Duty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2007, to reflect "Fort Hood, TX" vice "Brooklyn, NY."
2. The applicant states her DD Form 214 covers the period of her service as an officer from 15 August 1997 through 31 August 2007 and she entered active duty as a commissioned officer on 15 August 1997 at Fort Hood, TX.
3. The applicant provides her DD Form 214, DA Form 71 (Oath of Office - Military Personnel), a memorandum, and two 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. The applicant's records show she initially enlisted in the Regular Army on 16 August 1984 at Fort Hamilton, Brooklyn, NY. She was honorably discharged on 14 August 1997 for the purpose of accepting a commission or warrant in the Army. She completed 12 years, 11 months, and 29 days of creditable active service during this period of service.
3. Item 7a of the DD Form 214 she was issued for this period of service shows the entry "Brooklyn, NY." Item 8b (Station Where Separated) of this DD Form 214 shows the entry "Fort Hood, TX."
4. She was appointed as a second lieutenant (2LT) in the U.S. Army Reserve and executed an oath of office on 15 August 1997 at Darnall Army Community Hospital, Fort Hood, TX. She served in staff and leadership positions, as a Medical Corps officer, and attained the rank of captain (CPT), Regular Army, on 1 October 2000.
5. She was honorably retired from active duty in the rank of CPT on 31 August 2007. She completed 10 years and 16 days of creditable active service during this period of service. Item 7a of the DD Form 214 she was issued for this period of service shows the entry "Brooklyn, NY."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part, the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army. In item 7a enter the city and state where the Soldier entered active duty. The initial enlistment contract or appointment document is the source for this data.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was appointed as a 2LT and executed an oath of office on 15 August 1997 at Fort Hood, TX. The DD Form 214 is a summary of a Soldiers 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. As such, her DD Form 214 incorrectly reflects her place of entry into active duty as Brooklyn, NY. Therefore, she is entitled to correction of item 7a of her DD Form 214, dated 31 August 2007.
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 item 7a of her DD Form 214 dated 31 August 2007 the entry "Brooklyn, NY" and replacing it with the entry "Fort Hood, TX."
_______ _ 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.
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