IN THE CASE OF:	

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014508 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty at the Medical Field Service School (MFSS), Brooke Army Medical Center (BAMC), Fort Sam Houston, TX.  

2.  He states, in effect:

   a.  he was not available to review and sign his DD Form 214 when it was completed.  If so, he would have asked that section 7a reflect his place of entry into active duty as the state of Texas.  
   
   b.  Office of Personnel Operations Letter Order A-06-190, dated 12 June 1967, clearly shows he entered active duty at the MFSS, Fort Sam Houston, TX.
   
   c.  he served honorably in an active duty status for 30 years.
   
   d.  In June 2011, he found out about the Hazelwood Act, which would allow him to transfer 150 credit hours of educational tuition and fees to his son who would be starting his freshman year at the University of Texas in August 2011.



3.  He provides:

* DD Form 214
* Letter Order A-06-190, dated 12 June 1967
* DD Form 220 (Active Duty Report)

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 was issued a letter of appointment, dated 30 October 1964, which shows he was attending the University of Pennsylvania, School of Veterinary Medicine in Philadelphia, PA at the time of his appointment.  

3.  On 6 November 1964, he executed an Oath of Office as a Reserve second lieutenant.  His DA Form 71 (Oath of Office) shows he accepted his appointment in Philadelphia, PA.  

4.  Letter Order A-06-190, dated 12 June 1967, shows he was ordered to active duty and assigned temporary duty (TDY) at MFSS, Fort Sam Houston, TX to attend the Army Medical Service Officer Orientation Course with a reporting date of 3 July 1967 and further TDY at the U.S. Army Medical Service Veterinary School, Chicago, IL with a reporting date of 9 August 1967.  The letter order indicated he would proceed from his home of record or current location to his TDY station.  His home of record was indicated as Owensville, PA.  

5.  On 26 June 1967, he executed a second Oath of Office as a Reserve first lieutenant.  His DA Form 71 shows he accepted his appointment in Huntington Valley, PA.  

6.  On 15 July 1967, the MFSS, BAMC, Fort Sam Houston, TX issued a DD Form 220 showing he was ordered to active duty on 29 June 1967 and reported for his tour of duty on 2 July 1967.  
7.  On 21 October 1970, he executed a third Oath of Office as a captain in the Regular Army at the U.S. Army Hospital located in Nurnberg, Germany.  

8.  His Officer Record Brief, dated 15 January 1997, shows PA as his home of record at the time he entered active duty.  

9.  On 30 June 1997, he retired from active duty.  His DD Form 214 indicates he was not available to sign at the time he was separated; but it was signed by an authorized official.  

10.  Item 7a of his DD Form 214 shows the entry “PENNSYLVANIA, PA.”  Item 7b (Home of Record at Time of Entry (city and state, or complete address if known)) includes the same entry.  

11.  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 establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states:

   a.  A Soldier’s initial enlistment contract or appointment document is the source for place of entry into active duty and home of record at time of entry.  This regulation directs the city and state where the Soldier entered active duty will be entered in item 7a.  
   
   b.  A signature indicates a Soldier has reviewed the form and accepts the information as being correct to the best of their knowledge.  When a Soldier is not available (discharged in absentia or physically unable), enter “SOLDIER NOT AVAILABLE TO SIGN.”
   
   c.  The signature of the official authorized indicates the information in the certificate is as correct as the records permit, a quality control check has been made, and the separation is valid and authorized by the approval authority. 
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was not available to review and sign his DD Form 214 when it was completed is acknowledged.  However, his DD Form 214 was signed by an authorized official indicating the information in the certificate was as correct as the records permitted.  

2.  Letter Order A-06-190, dated 12 June 1967, shows he was ordered to active duty with TDY at the MFSS, Fort Sam Houston, TX.  

3.  His letter of appointment and Oath of Office are the documents authorized to verify his place of entry on active duty.  Both of these documents show his place of entry as the State of Pennsylvania.  

4.  His DD Form 220 shows he was serving on active duty 3 days prior to his arrival at MFSS, BAMC, Fort Sam Houston, TX.  

5.  Therefore, there is insufficient evidence on which to base correction of his records to show he entered active duty at MFSS, BAMC, Fort Sam Houston, TX.  

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 that 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)                                         AR20110014508



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ABCMR Record of Proceedings (cont)                                         AR20110014508



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