IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120019978
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) to show his home of record (HOR) as San Antonio, TX instead of Los Angeles, CA.
2. He states:
a. he was born and attended school in San Antonio, TX.
b. when he joined the Army he was living in Los Angeles, CA with his father for two years. His mother was still in San Antonio, TX and could no longer care for them.
c. he joined the Army on 12 October 1974, returned to Texas, and left for basic training on 11 October 1974 from Texas.
d. he reenlisted in Texas at Fort Hood on 29 August 1977 after being honorably discharged on 28 August 1977.
e. he married in Texas, received his driver's license in Texas, returned to Texas when he was discharged, and had never returned to California.
f. he requested his HOR be corrected on his reenlistment, but the change wasn't made.
3. He provides a letter from the Department of Veterans Affairs.
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 Regular Army on 7 October 1974 with parental consent from his father. His DD Form 373 (Consent, Declaration of Parent or Legal Guardian) indicates the place of application for enlistment as Los Angeles, CA. His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his HOR as Los Angeles, CA. It also shows his enlistment was effected from the Armed Forces Entrance and Examining Station in Los Angeles, CA.
3. He was honorably discharged on 28 August 1977 for immediate reenlistment. He reenlisted on 29 August 1977. His enlistment contract shows his HOR as Los Angeles, CA and place of reenlistment as Fort Hood, TX.
4. Section IV (Personal Data and Family Data) of his DA Form 2-1 (Personnel Qualification Record Part II) shows his HOR as Los Angeles, CA. It also shows his enlistment was effected from the Armed Forces Entrance and Examination Station, Los Angeles, CA.
5. He was honorably discharged on 29 June 1980 for immediate reenlistment. He reenlisted on 30 June 1980. Block 5 (HOR (City, State, Zip Code)) of his enlistment contract shows the entry "San Antonio, TX" was lined through and replaced with the entry "Los Angeles, CA." This entry was initialed by the applicant.
6. He was discharged on 28 June 1983. His DD Form 214 does not contain an item to enter his HOR. His separation orders show his HOR as Los Angeles, CA.
7. Item 19 (Mailing Address After Separation) of his DD Form 214 shows his mailing address as Edinburg, TX.
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. It establishes standardized policy for the preparation of the DD Form 214. The version in effect at the time did not provide a block for the HOR to be recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicants HOR as Los Angeles, CA at the time of enlistment. He reenlisted on 29 August 1977 and his HOR was recorded as Los Angeles, CA and his place of reenlistment as Fort Hood, TX on his reenlistment contract.
2. Records show he reenlisted again on 30 June 1980. His enlistment contract shows his HOR as Los Angeles, CA.
3. However, the regulation in effect at time did not provide for entering the HOR on the DD Form 214. Therefore, there is no basis for granting the applicants request.
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) AR20120019978
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ABCMR Record of Proceedings (cont) AR20120019978
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