IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120014244
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 31 March 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty at Grissom Air Force Base (AFB), IN.
2. The applicant states he entered active duty at Grissom AFB, IN, and not Los Angeles, CA.
3. The applicant provides DD Forms 214, dated 13 May 1990 and 31 March 1991, in support of his request.
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 in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 25 February 1986. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) documenting this enlistment lists Oxnard, CA, in item 3 (Home of Record) and the Los Angeles Military Entrance Processing Station (MEPS) in item 4 (Place of Enlistment).
3. Page 3 of the DD Form 4 completed at the time the applicant was discharged from the DEP and enlisted in the Regular Army on 14 May 1986 shows the applicant entered active duty from the Indianapolis MEPS, Indianapolis, IN.
4. The applicant's record further shows he served in the Regular Army for 4 years until being honorably released from active duty (REFRAD) on 13 May 1990. Item 7a of the DD Form 214 he was issued at the time contains the entry "Indianapolis, IN." Item 9 (Command to Which Transferred) contains an entry showing he was assigned to a USAR unit at Grissom AFB, IN.
5. On 22 January 1991 while serving in the USAR at Grissom AFB, IN, the applicant was ordered to active duty. The document directing this action is not on file in the record. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows he reported to Fort Benning, GA, and served there until being REFRAD and returned to his USAR unit at Grissom AFB on 31 March 1991. The DD Form 214 he was issued for this period contains the entry "Los Angeles, CA," in item 7a.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains instructions for preparing the DD Form 214 and states a Soldier's initial enlistment contract or appointment document is the source for the data entered in items 7a and 7b (Home of Record at Time of Entry) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the place of entry on his DD Form 214 for the period ending 31 March 1991 has been carefully considered and found to have merit. The evidence of record confirms the applicant was discharged from the DEP and entered active duty in the Regular Army in Indianapolis, IN, on 14 May 1986. It further shows his place of entry into active duty was listed as Indianapolis, IN, on his DD Form 214 for the period ending 13 May 1990.
2. The applicant's record also shows he was transferred to a USAR unit at Grissom AFB, IN, at the time of his REFRAD on 13 May 1990 and he was serving at this same location when he entered active duty on 22 January 1991. As a result, although the specific document ordering his active duty service in 1991 is not in the record, it is clear that he entered active duty for this period of service from Grissom AFB, IN. Therefore, it would be appropriate to correct his 1991 DD Form 214 accordingly.
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 amending his DD Form 214 for the period ending 31 March 1991 by deleting the current entry in item 7a and replacing it with the entry "Grissom AFB, IN."
_______ _ 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) AR20120014244
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ABCMR Record of Proceedings (cont) AR20120014244
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