BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014588
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 August 1988, to show she entered active duty in Texas (TX).
2. The applicant states, in effect:
* she entered military service in 1979 in Cleveland, Ohio (OH)
* she completed her service in the Regular Army (RA) and was honorably separated on 28 May 1982
* in July 1983, she was ordered to active duty at Fort Sam Houston, TX
* she had been a resident of Texas since March 1980 and she is still a resident of Texas today, but when she received her second DD Form 214 in August 1988 it showed she entered active duty in Ohio
* she did not notice this error until recently when she applied for Texas veterans benefits
* after meeting with representatives of the Department of Veterans Affairs she was advised to request a correction of her DD Form 214
* she believes the error resulted from either a misinterpretation of her records or a clerical error
* her records clearly show she entered active duty in 1983 in Texas
3. The applicant provides her DD Form 214 and her DA Form 2-1 (Personnel Qualification Record Part II).
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 22 May 1979, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her home of record, at the time, was Warren, OH and her place of enlistment was Cleveland, OH.
3. On 31 May 1979, she enlisted in the RA and entered active duty in Cleveland, OH.
4. On 28 May 1982, she was honorably released from active duty and transferred to the USAR. Her DD Form 214 shows:
* item 6 (Place of Entry into Active Duty) she entered active duty in Cleveland, OH
* item 8 (Station Where Separated) she was separated from active duty at Fort Hood, TX
* item 9 (Command To Which Transferred) she was transferred to the 245th Psychological Operations (PSYOP) Company in Dallas, TX a troop program unit (TPU) of the USAR
5. Item 35 (Record of Assignments) of her DA Form 2-1 shows:
* she was assigned to the 245th PSYOP Company effective 29 May 1982
* she was assigned to the 4150th USAR School, Dallas, TX effective
1 November 1982
6. Orders R-06-001800, issued by the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 13 June 1983, ordered her to active duty effective 11 July 1983. These orders show:
* she resided in Arlington, TX
* she was ordered to report for duty in Grand Prairie, TX
7. On 19 August 1988, she was honorably discharged from the Army. The DD Form 214 she was issued shows in:
* item 6 she entered active duty in Cleveland, OH
* item 8 she was separated from active duty at Fort Meade, MD
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. Its purpose is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version of the regulation in effect at the time of her discharge provided that item
6 show the city and state from which member last entered on active duty from civilian life.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214, for the period ending 19 August 1988, should be corrected to show Texas as her place of entry on active duty.
2. The evidence of record shows she was separated from the RA on 28 May 1982. Later, on 11 July 1983, she reentered active duty in Arlington, TX.
3. Her DD Form 214, for the period ending 19 August 1988, shows she entered active duty in Cleveland, OH. This is incorrect, as the evidence of record shows. Therefore, she is entitled to correction of her DD Form 214, for the period ending 19 August 1988, to show her place of entry on active duty as Arlington, TX.
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 item 6 of her DD Form 214, for the period ending 19 August 1988, to show her place of entry on active duty as Arlington, TX.
__________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.
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