Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130002263
Original file (20130002263.txt) Auto-classification: Denied

		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 Soldier’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002263



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016251

    Original file (20140016251.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request to correct his DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending on 31 December 2008 to show his place of entry on active duty (EAD) as Fort Hood, Texas. He also requests, as a new issue, correction of this same document to show his home of record (HOR) as being in the state of Texas. The applicant's argument that all of the documents concerning his discharge as enlisted and appointment as...

  • ARMY | BCMR | CY2013 | 20130003191

    Original file (20130003191.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change: * Item 7a (Place of Entry on Active Duty) from "Fort Buchanan, Puerto Rico (PR)" to "San Antonio, TX" * Item 7b (Home of Record (HOR) at Time of Entry) from "HC-- Box 2---- BO, Rio Guaynabo, PR 00971" to "1-- Ingram, San Antonio, TX 78234" 2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction,...

  • ARMY | BCMR | CY2011 | 20110022535

    Original file (20110022535.txt) Auto-classification: Approved

    The applicant states: * he was commissioned through the State Officer Candidate School (OCS) on 25 August 2009 * his NGB Form 0122E (Special Orders Number 255 AR), dated 19 October 2011, shows his initial appointment effective date as 4 March 2011 * his Federal Recognition packet was never submitted to the National Guard Bureau (NGB); therefore he was not given his Federal Recognition * 16 months after asking about his promotion to first lieutenant (1LT), he discovered he had never received...

  • ARMY | BCMR | CY2008 | 20080015535

    Original file (20080015535.txt) Auto-classification: Denied

    The applicant states that he went to the Puerto Rico National Guard and requested a waiver to reenlist, but he was denied. The applicant provides character references; two memoranda, dated 13 April 2005 and 15 December 2005; his election of rights of separation under Army Regulation 635-200, chapter 14, paragraph 14-12(c); a Division Report, dated 28 October 1991; a Police Record Check; a personal statement in support of chapter 14 proceedings; his DD Form 4/1 and 4/2...

  • ARMY | BCMR | CY2014 | 20140012646

    Original file (20140012646.txt) Auto-classification: Denied

    The applicant requests correction of the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 April 2013: * Item 7a (Place of Entry into Active Duty) * Item 7b (Home of Record (HOR) at Time of Entry) 2. The applicant states he reenlisted in the Army in Dallas, TX. There is no evidence of record and he did not provide sufficient evidence to show item 7b of his DD Form 214 contains an error.

  • ARMY | BCMR | CY2008 | 20080002611

    Original file (20080002611.txt) Auto-classification: Approved

    The applicant had 183 of those days in a 10 U.S.C. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. Evidence shows that the applicant was involuntarily mobilized for 1010 days during the periods 14 February 2003 through 13 August 2004 and 25 August 2005 through 30 November 2006.

  • ARMY | BCMR | CY2013 | 20130017919

    Original file (20130017919.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant's request, statement, and supporting documents are provided by his counsel. The applicant's counsel argues that at the time the applicant completed the DDESS enrollment form on 30 April 2007 his assignment in Puerto Rico was scheduled to terminate on 25 July 2008 and the applicant had not been informed that his request for extension had been denied; therefore, the applicant did not make a false official statement. In regard to...

  • ARMY | BCMR | CY2007 | 20070007061

    Original file (20070007061.txt) Auto-classification: Approved

    The opinion enclosed DA Forms 3349s dated 11 June 2006 and 11 December 2006, showing the applicant was on a physical profile during these periods and was unable to perform his military duties and responsibilities. The advisory opinion also stated that Army Regulation 135-381, paragraph 1-8 provides that a member who is unable to perform military duties because of incapacitation is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned...

  • ARMY | BCMR | CY2010 | 20100014923

    Original file (20100014923.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his home of record (HOR) is Texas. The evidence of record shows that item 7b of the applicant's DD Form 214 shows the place recorded as the HOR of the applicant when he enlisted in the U.S. Army. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's HOR as recorded in item 7b of his DD Form 214 is correct.

  • ARMY | BCMR | CY2010 | 20100008621

    Original file (20100008621.txt) Auto-classification: Denied

    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. The applicant’s military records are not available to the Board. The applicant’s court document shows his name was changed from L______ Perez to M_____ R____ Perez on 24 June 1952, subsequent to his separation date.