IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002263
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 on Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 2008 to read "Fort Hood, Texas."
2. The applicant states:
a. He initially entered active duty from San Juan, Puerto Rico. Item 7a of the DD Form 214 he received for that period of service (28 January 1988 through 13 December 1995) correctly shows San Juan, Puerto Rico, in item 7a.
b. He reenlisted at Fort Hood, Texas, seeking appointment as a warrant officer. The DD Form 214 he received for that period of service (14 December 1995 through 31 December 2008) also shows San Juan, Puerto Rico, in item 7a.
That entry should be changed to Fort Hood, Texas.
c. He needs his DD Form 214 corrected to show he entered active duty from the State of Texas so his dependent will qualify for education benefits under the Hazlewood Act. He has a child in the 12th grade and he can't afford college tuition.
d. At the time of his retirement, the entry in item 7a was carried forward from the previous DD Form 214. The Hazlewood Act was passed after his retirement and now he sees the need to correct his DD Form 214. He is a 100-percent disabled veteran and unable to care for his family as he would like.
3. The applicant provides copies of his:
* DA Form 3340-R (Request for Regular Army Reenlistment or Extension), dated 12 September 1995
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 13 September 1995
* DA Form 3286 (Statements for Reenlistment), dated 13 September 1995
* active duty orders effective 14 December 1995
* memorandum showing his appointment as a warrant officer, dated 14 December 1995
* DD Form 214 for the period 14 December 1995 through 31 December 2008
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army (RA) chief warrant officer four (CW4)/W-4.
2. On 13 December 1995, he was honorably discharged in the rank of sergeant first class/E-7. He completed a total of 13 years, 11 months, and 18 days of active duty service. His DD Form 214 for this period shows in:
a. item 7a: San Juan, Puerto Rico;
b. item 8b (Station Where Separated): Fort Rucker, AL 36362-5000; and
c. item 28 (Narrative Reason for Separation): Accept Commission or Warrant in the Army.
3. In support of his request, he provides copies of:
a. a DA Form 3340-R, dated 12 September 1995, showing he requested reenlistment in the RA "TO ATTAIN SSR FOR WARRANT OFFICER CANDIDATE SCHOOL" while stationed at Fort Hood, Texas;
b. a DD Form 4, dated 13 September 1995, showing he reenlisted for an RA Reenlistment Option. Item 4 (Place of Enlistment/Reenlistment) shows "HHC DISCOM 2AD FORT HOOD, TX 76544";
c. Orders 335-00250-A-1067, Headquarters, U.S. Army Aviation Center and Fort Rucker, dated 1 December 1995, showing he was ordered to active duty as a warrant officer one (WO1)/W-1 effective 14 December 1995. The place he entered active duty/was ordered to active duty is shown as "FT RUCKER, AL 36362"; and
d. a memorandum, Headquarters, U.S. Army Aviation Center and Fort Rucker, dated 14 December 1995, showing he was appointed as a WO1 in the U.S. Army Reserve.
4. He retired effective 31 December 2008 in the rank of CW4. He completed a total of 27 years and 5 days of active duty service. His DD Form 214 for this period of service shows San Juan, Puerto Rico, in item 7a.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 7a of the DD Form 214 shows the place of entry onto active duty. A Soldiers initial enlistment contract or appointment document is the source for this data.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 for the period ending 31 December 2008 should be corrected to show he entered into active duty from Fort Hood, Texas, in item 7a.
2. The evidence of record shows his DD Form 214 for the period ending 13 December 1995 lists San Juan, Puerto Rico, in item 7a.
3. The orders, dated 1 December 1995, showing he was ordered to active duty as a WO1 effective 14 December 1995 list the place where he entered active duty/was ordered to active duty as Fort Rucker, Alabama.
4. His DD Form 4, dated 13 September 1995, shows he reenlisted while stationed at Fort Hood, Texas. However, he was not actually discharged until 13 December 1995 while he was serving at Fort Rucker, Alabama.
5. Therefore, his DD Form 214 for the period ending 31 December 2008 could be corrected to show he entered into active duty from Fort Rucker, Alabama. However, no action should be taken to make that correction because the applicant specifically asked the entry to be changed to show Fort Hood, Texas.
6. There is no evidence showing he entered active duty at Fort Hood, Texas. His DD Form 214 should not be corrected to show he entered active duty at Fort Hood, Texas.
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 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) AR20120009679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130002263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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