BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130012501
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 Entered Active Duty) on his DD Form 214 (Certificate of Release or Discharge from active Duty).
2. The applicant states he thinks the clerk completing the DD Form 214 simply made a mistake. He is now an Army civilian employee in Europe and this affects his compensation.
3. The applicant provides a copy of his DD Form 214.
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 6 November 1979 the applicant enlisted and entered active duty at the Armed Forces Enlistment and Examination Station (AFEES), Cleveland, Ohio based upon his DD Form 4/4 (Confirmation of Enlistment or Reenlisment).
3. His continuous active duty included extensions and reenlistments in Germany, including his last reenlistment at Husterhoeh Kaserne, Pirmasens, Germany.
4. The applicant retired early on 31 July 1995 as a staff sergeant (E-6).
5. Item 7a of his DD Form 214 shows he entered active duty at Husterhoeh Kaserne, Pirmasens, Germany.
DISCUSSION AND CONCLUSIONS:
The applicant entered active duty at Cleveland Ohio based upon his enlistment documentation. The present item 7a entry on his DD Form 214 is an understandable mistake and should be corrected.
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 deleting, "Husterhoeh Kaserne Pirmasens Germany" from item 7a of his 31 July 1995 DD Form 214 and adding "AFEES, Cleveland, Ohio".
_______ _ 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) AR20130012501
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ABCMR Record of Proceedings (cont) AR20130012501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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