IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110018363
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 August 1992 to show item 7a (Place of Entry Into Active Duty (PEAD)) and item 7b (Home of Record (HOR) at Time of Entry) as San Antonio, TX vice Showlow, AZ.
2. The applicant states he has lived in Texas since 1983 and changed his residency to Texas in 1984. At the time of his entry on active duty in 1990, he was just finishing up dental school in San Antonio and entered active duty right after he graduated. He thinks the error was made because his first DD Form 214 for the period ending 21 June 1985 shows Showlow, AZ, as his PEAD.
3. The applicant provides a memorandum and a DA Form 71 (Oath of Office - Military Personnel).
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. Having had prior enlisted service, the applicant's records show he was appointed as a first lieutenant (1LT) U.S. Army Reserve (USAR) Army Dental Corps (DC) Officer. His appointment memorandum, dated 26 February 1990, shows his home address as San Antonio, TX.
3. His DA Form 71 shows he executed an oath of office on 29 May 1990 at San Antonio, TX. He entered active duty on 31 May 1990 at San Antonio, TX.
4. Orders Number 233-212, dated 20 August 1992, issued by Headquarters, Fifth Army and Fort Sam Houston, Fort Sam Houston, TX, released him from active duty effective 21 August 1992. These orders show his PEAD as Showlow, AZ and his HOR as Showlow, AZ.
5. He was honorably released from active duty on 21 August 1992. He completed 2 years, 2 months, and 21 days of creditable active service. The DD Form 214 he was issued for this period of service shows his PEAD as Showlow, AZ, and his HOR as Showlow, AZ.
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. Paragraph 2-4h(7) states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty, and Item 7b documents the Soldier's HOR. A Soldier's HOR is defined as their HOR at the time of their commissioning, appointment, or enlistment, or upon being ordered to a tour of active duty.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was commissioned as a 1LT USAR officer at San Antonio, TX, and he entered active duty on 31 May 1990 at San Antonio, TX. It appears an error was made when his PEAD and HOR were listed as Showlow, AZ, on the orders releasing him from active duty. This error was compounded when his PEAD and HOR were entered as Showlow, AZ, on his DD Form 214 for the period ending 21 August 1992. Therefore, he is entitled to the requested relief.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending the applicant's DD Form 214 for the period ending 21 August 1992 as follows:
* Deleting the entry in item 7a and replacing it with "San Antonio, TX"
* Deleting the entry in item 7b and replacing it with "San Antonio, 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) AR20110018363
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ABCMR Record of Proceedings (cont) AR20110018363
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