BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130021180
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 in block 7a (Place of Entry into Active Duty) Fort Snelling, Minnesota instead of Fort Snelling, Michigan.
2. The applicant states the wrong state is listed as the place of entry into the service.
3. The applicant provides a 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. The applicant enlisted in the Regular Army on 10 March 2005. His DD Form 4 (Enlistment/Reenlistment Document) shows Minneapolis Military Entrance Processing Station (MEPS), Fort Snelling, MN as the place of enlistment.
3. He was released from active duty on 23 January 2009. His DD Form 214 shows in block 7a "Fort Snelling, Michigan."
4. A search of the Fort Snelling website confirms it is located in Minnesota.
5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation provided that in block 7a, the city and state where the Soldier entered active duty would be entered.
DISCUSSION AND CONCLUSIONS:
1. A search of the Fort Snelling website confirms it is located in Minnesota; however, his DD Form 214 indicates it is located in Michigan. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the state of entry into active duty being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected to show Fort Snelling, Minnesota in block 7a.
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 correcting his DD Form 214 by deleting the current entry in block 7a and replacing it with the entry "Fort Snelling, Minnesota."
__________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) AR20130021180
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