IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002109
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 item 6 (Place of Entry) of her 10 January 1981
DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states her place of entry should read Texas and not Fort Ord, California because she is a resident of Texas.
3. The applicant provides a marriage license and divorce decree in support of her application.
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 applicants record shows she initially enlisted in the Regular Army (RA) on 1 July 1975 for 3 years. The DD Form 4 (Enlistment Contract-Armed Forces of the United States) prepared documenting this enlistment shows the location of her enlistment was the Armed Forces Examining and Entrance Station (AFEES), Dallas, Texas in item 9 (Name and Location of Activity Effecting Enlistment). Item 41 (Home of Record (HOR)) lists her HOR as Tyler, Texas.
3. On 11 January 1978, while serving at Fort Ord, California, the applicant reenlisted in the RA for 3 years. The DD Form 4 prepared to document this reenlistment listed her place of enlistment/reenlistment as Fort Ord, California. Item 5 (Home of Record) listed her HOR as Tyler, Texas.
4. On 10 January 1981, the applicant was honorably discharged, in the rank of specialist five/E-5, after completing a total of 5 years, 6 months and 10 days of active military service. Item 6 of the DD Form 214 she was issued at the time lists her place of entry into active duty as Fort Ord, California. Item 19 (Mailing Address After Separation) lists an address in Tyler, Texas.
5. On 10 July 1988, the applicant enlisted in the U.S. Army Reserve (USAR). The DD Form 4 prepared to document this enlistment lists an address in Tyler, Texas as her HOR in item 3 (Home of Record) and an organization in Tyler, Texas as her place of enlistment in item 4 (Place of Enlistment/Reenlistment).
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing DD Form 214. The instructions for preparation of the DD Form 214 in the version of the regulation in effect at the time of the applicants discharge from the RA in 1981 stated to entry the city and state from which member last entered on active duty from civilian life. There was no HOR block provided on the DD Form 214 used at the time. The current version of the DD Form 214 provides for entering both the city and state of entry on active duty and the HOR at the time of initial entry on active duty in the place of entry block of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct item 6 of her 10 January 1981 DD Form 214 has been carefully considered and found to have merit.
2. The current version of the regulation governing the preparation of the DD Form 214 provides for entering both the city and state from which the member
actually entered active duty at the time of enlistment/reenlistment and the HOR in the place of entry block. However, the version of the regulation in effect at the time of the applicants separation from active duty provided for entering the place a member entered active duty from civilian life in item 6.
3. The evidence of record confirms the applicant entered active duty from civilian life at Dallas, Texas, and that her HOR at the time was Tyler, Texas, as evidenced by the DD Form 4 documenting her initial enlistment on 1 July 1975.
4. The 1975 DD Form 4 also confirms the applicants HOR was in Tyler, Texas, and subsequent DD Forms 4 prepared for her 1978 reenlistment in the RA and 1988 enlistment in the USAR confirm her HOR has remained Tyler, Texas. As a result, it would be appropriate to correct item 6 of her 1981 DD Form 214 to read Dallas, Texas, and to add the entry Home of Record - Tyler, Texas to item 18 (Remarks) of the DD Form 214.
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 amending her 1981 DD Form 214 by deleting the current entry in item 6 and replacing it with the entry Dallas, Texas; and adding the entry
Home of Record - Tyler, Texas to item 18.
_________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) AR20110002109
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ABCMR Record of Proceedings (cont) AR20110002109
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