IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017566
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record as Texas.
2. She states she graduated from high school and lived in Texas when she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). Upon graduating from high school she traveled to Alabama to visit friends and that is where she was sworn into active duty. Alabama was never her home of record. This mistake occurred during discharge processing and was made by the personnel who typed the DD Form 214. They did not ask her where her home of record was, only where she entered active duty.
3. She provides her DD Form 214 and a high school transcript.
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. On 11 June 1981, the applicant enlisted in the USAR DEP. The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) initiated at that time shows her home of record as Mercedes, TX, in item 5 (Home of Record). Item 6 (Place of Enlistment/Reenlistment) shows she enlisted at the Armed Forces Examining and Entrance Station (AFEES), San Antonio, TX.
3. On 13 October 1981, she was discharged from the USAR, and she enlisted in the Regular Army. Page 4 of her DD Form 4 shows the oath of enlistment was administered by an officer at AFEES, Montgomery, AL.
4. On 5 April 1984, she was honorably discharged. Item 6 (Place of Entry into Active Duty) shows the entry "Montgomery, AL."
5. Army Regulation 635-5 (Personnel Separations - 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. The version in effect at the time did not provide for entering a Soldier's home of record on the DD Form 214. It stated for item 6, enter the city and state from which member last entered on active duty from civilian life.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 properly shows she entered active duty at Montgomery, AL. The version of DD Form 214 in use at the time of her discharge did not provide a block for entry of a Soldier's home of record, nor did the regulation governing preparation of the DD Form 214 provide for such an entry.
2. Her home of record at the time she entered military service is recorded on the DD Form 4 completed during her enlistment processing. She should be given a copy of this document to satisfy her desire for official documentation of her home of record.
3. In view of the foregoing, there is no basis for granting the relief she requests.
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) AR20110017566
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ABCMR Record of Proceedings (cont) AR20110017566
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