IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017821
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 her home of record (HOR) be changed from an address in Columbus, GA to an address in Tuskegee, AL.
2. She states her parents' home address in Georgia was mistakenly put on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) for mailing purposes. She adds that as a natural born citizen of Alabama, current resident of Alabama, and a disabled veteran, she would like to take advantage of all rights afforded to her as a citizen of that state.
3. She provides the following:
* DD Form 214
* Officer Record Brief (ORB)
* Tuskegee University Academic 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. The applicant enlisted in the U.S. Army Reserve (USAR) on 3 February 1986 and was released from the USAR on 30 August 1987 to accept a Reserve Officers Training Corps (ROTC) scholarship. Her HOR listed on the enlistment contract was Pensacola, FL.
3. She submitted her academic transcript from the University of Tuskegee that shows her address was listed as Tuskegee, AL during her undergraduate studies in 1986.
4. Her DA Form 71 shows she was administered her oath of office at the Tuskegee Institute, AL on 12 May 1990.
5. Her record is void of an appointment order. However, Orders A-04-300044, dated 30 April 1993, show she was ordered to active duty as a second lieutenant on 26 June 1993. Her HOR is listed as Columbus, GA.
6. Her ORB shows her HOR at the time of entry on active duty as GA.
7. There are no documents in the available file that show her HOR as Tuskegee, AL.
8. On 25 June 1997, she was honorably released from active duty. Her
DD Form 214 shows she completed 4 years of net active service during this period of active duty. Item 7a (Place of Entry into Active Duty), 7b (HOR at Time of Entry) and 19a (Mailing Address after Separation) contain the entry of Columbus, GA.
9. A copy of her birth certificate was not enclosed with her application as indicated on the application.
10. 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 of entry into active duty data and to enter the city and state where the Soldier entered active duty.
DISCUSSION AND CONCLUSIONS:
1. Although a copy of the applicant's appointment order is not contained in her available file, the orders that brought her on active duty as a commissioned officer show her HOR as Columbus, GA. Additionally, her ORB lists her HOR as GA.
2. Further, the fact that she attended school in Tuskegee, AL is not sufficient evidence to conclude that her HOR should be listed as Tuskegee, AL. There is no evidence and she has not provided any to show that at the time of her appointment her HOR was listed as Tuskegee, AL.
3. In view of the foregoing, there is no basis for granting her requested relief.
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) AR20110017821
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ABCMR Record of Proceedings (cont) AR20110017821
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