IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002583
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) for the period 17 May 2002 through 19 May 2007 to show he entered active duty at Fort Sam Houston, TX instead of Spencer, IN.
2. The applicant states that on 16 May 2002 he was discharged from the Regular Army, in an enlisted status, to accept a commission as an officer in the rank of second lieutenant (2LT). On 17 May 2002, he took an Oath of Office and entered active duty as a 2LT at Fort Sam Houston, TX. He served at Fort Sam Houston, TX from 2002 to 2004 and during this time he resided in San Antonio, TX and Fort Sam Houston, TX. He contends this correction will make his children eligible for additional educational benefits.
3. The applicant provides:
* two DD Forms 214
* 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. The applicant's record contains a DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he enlisted in the Regular Army on 23 May 1996 for a period of 4 years. Item 4 (Place of Enlistment/Reenlistment) of this form shows he enlisted at the Indianapolis Military Entrance Procession Station in Indianapolis, IN.
3. His DD Form 214 for the period ending 16 May 2002 shows he was honorably discharged for the purpose of accepting a commission or warrant in the Army. Item 8b (Station Where Separated) shows he was discharged from his enlisted status at Fort Sam Houston, TX.
4. U.S. Total Army Personnel Command (TAPC), Orders A-01-290268, dated 30 January 2002, as amended by TAPC Orders A-01-290268A01, dated 18 April 2002, ordered the applicant to active duty in the rank of 2LT with a reporting date to Brooke Army Medical Center, Fort Sam Houston, TX of 20 May 2002.
5. His record contains and he also provides a DA Form 71 which shows he executed an Oath of Office accepting appointment as a Reserve commission officer in the rank of 2LT at Fort Sam Houston, TX, on 17 May 2002.
6. His DA Form 67-9 (Officer Evaluation Report) for the period 20 May 2002 through 16 September 2002 shows his duty location as Fort Sam Houston, TX.
7. His DD Form 214 rendered for the period 17 May 2002 through 19 May 2007 shows he was honorably discharged from the Regular Army on 19 May 2007 in the rank of captain/O-3. Item 7a of this form shows his place of entry into active duty as Spencer, IN.
8. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. This regulation provides that the place the Soldier entered active duty is to be entered in item 7a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 7a of his DD Form 214 for the period ending 19 May 2007 should be amended to show he entered active duty at Fort Sam Houston, TX was carefully considered and determined to have merit.
2. The available evidence clearly shows the applicant was discharged from his enlisted status at Fort Sam Houston, TX on 16 May 2002.
3. The available evidence also clearly shows that on 17 May 2002, he was ordered to active duty in a commissioned officer status at Fort Sam Houston, TX. Therefore, he is entitled to correction of item 7a of his DD Form 214 to reflect this fact.
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 item 7a of his DD Form 214 for the period ending 19 May 2007 to show he entered active duty at Fort Sam 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) AR20120002583
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