IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110017162
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 7b (Home of Record (HOR)) [sic] on his DD Form 214 (Certificate of Release or Discharge From Active Duty) effective 5 September 1979. In effect, he is requesting correction of Item 7a (Place of Entry Into Active Duty).
2. The applicant states, in effect, he entered into active duty at Fort Gordon, GA not Fort Riley, KS. [His HOR is listed in item 7b of his DD Form 214 as Dublin, GA]
3. The applicant provides 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 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 contains DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 5 September 1979, which shows the applicant enlisted in the Regular Army (RA) on 5 September 1979.
3. Item 6 (Place of Enlistment/Reenlistment) of his DD Form 4/1, dated 5 September 1979, shows AFEES ATLANTA GEORGIA. AFEES stands for Armed Forces Entrance and Examination Station.
4. On 31 August 1995, he retired from active duty. Item 7a (Place of Entry Into Active Duty) of his DD Form 214 shows FT RILEY, KS. He authenticated the DD Form 214 with his signature and it is further signed by an authorized official.
5. The applicant provides his DD Form 214. In item 7a, he has written FORT GORDON GA and FT. GORDON GA.
6. 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 Soldiers 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 applicants intended request to correct his place of entry into active duty as shown on his DD Form 214 from Fort Riley, KS to Fort Gordon, GA has been carefully examined.
2. The evidence confirms the applicant enlisted in the RA on 5 September 1979 at the AFEES Atlanta, GA. Therefore, Item 7a of his DD Form 214 should be correct to show Atlanta, GA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his DD Form 214 FT RILEY, KS and correcting it to read ATLANTA, GA.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 7a of his DD Form 214 to read FORT GORDON, GA.
_______ _ _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) AR20110017162
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017162
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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