IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017711
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 Houston, TX instead of Miami, FL.
2. He states he:
* entered active duty in Houston, TX
* submitted his oath of office and initial orders with signature page
* does not know what caused the error
* discovered the error while applying for educational benefits with the state of Texas
3. He provides:
* his DA Form 71 (Oath of Office Military Personnel), dated 17 December 1984
* Orders 218-5-A-729, issued by Headquarters, U.S. Army Reserve Officers Training Corps (ROTC) Region, Fort Riley, KS, dated
29 November 1984
* his diploma from the ROTC program, dated 17 December 1984
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 enlisted in the U.S. Army Reserve (USAR) as a cadet on
3 September 1981.
3. His Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) that shows in item 5 (Home of Record) the entry "Miami, FL" and in item 6 (Place of Enlistment/
Reenlistment) the entry "University of Houston, Houston, TX."
4. His record contains a DA Form 61 (Application for Appointment), dated
7 December 1984, that shows his current mailing address in Houston, TX.
5. He submitted Orders 218-5-1-729, that shows he was assigned to the University of Houston, Houston, TX at the time of his appointment.
6. He submitted a DA Form 71 that shows he was administered his oath of office at the University of Houston, Houston, TX on 17 December 1984
7. He submitted a diploma that shows he was the Distinguished Military Graduate of the ROTC program at the University of Houston.
8. Item 7a of his DD Form 214, dated 21 December 2004, shows his place of entry into active duty as Miami, FL.
9. 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 establishes standardized policy for preparing and distributing the DD Form 214. It states that a Soldier's initial enlistment contract or appointment document is the source for place if entry into active duty data and to enter the city and state where the Soldier entered active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his place of entry into active duty is incorrect was carefully considered and found to have merit.
2. His OMPF indicates that at the time of enlistment in the USAR's ROTC program while attending college at the University of Houston, his place of entry into active duty was Houston, TX. His record consistently reflects Houston, TX as his place of entry into active duty.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 the current entry and replacing it with the entry "Houston, 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.
ABCMR Record of Proceedings (cont) AR20110017711
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ABCMR Record of Proceedings (cont) AR20110017711
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