BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130014897
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 the "Point of Release" as Texas vice Louisiana. In effect, he requests correction of his DD Form 214 to show a Texas address vice a Louisiana address in Item 19 (Mailing Address After Separation).
2. The applicant states his tour occurred and ended at Fort Hood, TX. His household goods were shipped to Texas and he lived in Sherman, TX, for the next 3 years. He returned to Texas in 1999 and he has been there since.
3. The applicant does not provide any evidence.
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's records show he enlisted in the U.S. Army Reserve (USAR) as a cadet, Reserve Officers' Training Corps (ROTC), on 27 August 1984. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and all allied documents listed his home of record (HOR) as Lawton, OK, and place of enlistment as New Orleans Area Instructor Group, New Orleans, LA.
3. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office at Southern University, New Orleans on 17 May 1986.
4. His records contain Orders 231-4-A-609, issued by Headquarters, 3rd ROTC Region on 22 December 1986 ordering him to active duty from Lawton, OK, with assignment to the 21st Adjutant General Replacement Detachment, Fort Hood, TX, reporting on or around 17 June 1987, with temporary duty beginning on or about 8 January 1987.
5. He entered active duty on 8 January 1987. He attended the Armor Officer Basic Course at Fort Knox, KY, from 13 January 1987 to 24 April 1987. He was subsequently reassigned to the 1st Battalion, 32nd Armor, and then Headquarters and Headquarters Company, 1st Cavalry Division, Fort Hood, TX.
6. On 10 August 1990, Headquarters, 1st Cavalry Division, Fort Hood, TX, published Orders 151-1 ordering his separation effective 15 September 1990.
7. He was honorably released from active duty on 15 September 1990. The DD Form 214 he was issued shows in:
* Item 7a (Place of Entry on Active Duty) - New Orleans, LA
* Item 7b (Home of Record) - Lawton, OK
* Item 8b (Station Where Separated) - Fort Hood, TX
* Item 19, the entry "xxxxxxxxxxxxxx, Bridge City, Louisiana"
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 19 shows the permanent mailing address after separation as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant listed his Home of Record as Lawton, OK, and he enlisted in New Orleans, LA. He went to college in Louisiana and he executed an oath of office in New Orleans, LA. He was ordered to active duty from his Home of Record - Lawton, OK. He was separated from active duty at Fort Hood, TX. Item 8b of his DD Form 214 shows the place where separated or "Point of Release" to be Fort Hood, TX.
2. The entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214. He would have had to provide the mailing address as shown on his DD Form 214. Lacking convincing independent and verifiable evidence to the contrary, it is presumed his mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.
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) AR20130014897
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