BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013311
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 the place she entered active duty be changed to the same address as her home of record.
2. She states she has been denied education benefits under the Texas Hazelwood Act.
3. She provides the following:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Appointment Orders, dated 18 December 1983
* Orders 150-11-A-506, dated 8 August 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. On 28 August 1981, the applicant enlisted in the U.S. Army Reserve (USAR) as a Reserve Officers' Training Corps (ROTC) cadet.
3. Prior to her appointment, she completed a DA Form 61 (Application for Appointment). This document shows item 18 (Permanent Address) as Donna, TX. Item 21c (Name and Location of Each College or University Attended) shows Pan America University (known as the University of Texas-Pan American). It further shows she attended this university from 1979 to 1984.
4. Headquarters, U.S. Army Third ROTC, Fort Riley, KS, Appointment Orders, dated 18 December 1983, show the applicant was appointed as a second lieutenant in the USAR on 18 December 1983. The orders list her home address as Donna, TX.
5. The applicant's record is void of a DA Form 71 (Oath of Office).
6. Headquarters, U.S. Army Third ROTC, Fort Riley, KS, Orders 150-11-A-506, dated 8 August 1984, ordered the applicant to active duty. Her standard name line shows her unit address as Fort Riley, KS. Her home of record is listed as Donna, TX.
7. On 9 September 1984, she was ordered to active duty.
8. On 1 May 1988, she was honorably released from active duty and credited with completing 3 years, 7 months, and 23 days of active duty service. Item 6 (Place of Entry into Active Duty) of her DD Form 214 lists Fort Riley, KS. Item 19 (Mailing Address After Separation) of this form shows her mailing address as Donna, TX.
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 of entry into active duty data and to enter the city and state where the Soldier entered active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows prior to the applicant's appointment, she completed a DA Form 61 that lists her permanent address as Donna, TX. The evidence also shows she attended the University of Texas-Pan American.
2. Despite the fact that Headquarters, U.S. Army Third ROTC, Fort Riley, KS, issued her appointment orders, the evidence of record suggest that she entered into active duty from her home of record of Donna, TX. Therefore, in the interest of justice it would be appropriate to correct her records accordingly.
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 showing her place of entry into active duty as Donna, TX and providing her with a correction to her DD Form 214.
_______ _ 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) AR20120013311
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ABCMR Record of Proceedings (cont) AR20120013311
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