IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002474 


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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her Place of Entry Into Active Duty (Place EAD) was San Antonio, TX, not Miami, FL.

2.  The applicant states that her initial DD Form 214 shows her Place EAD was Miami, FL, which is correct.  She was discharged and enrolled full time at the University of South Florida, Tampa, FL, and the Reserve Officers' Training Corps (ROTC) program from August 1990 to May 1992.

   a.  Her second (final) DD Form 214 also shows her Place EAD was Miami, FL, which is incorrect.  She notes that after completing college she reported for active duty at Fort Sam Houston, San Antonio, TX, where she attended the Basic Officer Leader Course (BOLC) and Medical Logistics course during the period May 1992 to January 1993.

   b.  She states that she has an opportunity to attend a Texas college tuition- free.  The program requires that either she was a resident of Texas at the time of entry or that she entered active duty in Texas.

3.  The applicant provides copies of her two DD Forms 214, active duty orders with amendments, oath of office, and Officer Record Brief (ORB).


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.  A DD Form 214 shows the applicant entered active duty this period on 30 July 1980, was honorably discharged (in the rank of staff sergeant) on 13 June 1990 to enter ROTC, and transferred to the U.S. Army Reserve (USAR) Control Group (ROTC).  She had completed 9 years, 10 months, and 14 days of total active service this period.  It also shows the following entries in –

* item 7a (Place EAD):  Miami, FL
* item  7b (Home of Record (HOR)):  Miami, FL

3.  Headquarters, U.S. Army Third Region, U.S. Army ROTC Cadet Command, Fort Riley, KS, Orders Number 63-11-A-138, dated 13 April 1992, with 1st and 2nd Endorsements issued by Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, dated 8 August 1992 and 1 September 1992, respectively, show the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 2 May 1992 and ordered to active duty on 18 May 1992 for a period of 3 years.

* The orders also show she was –

* to report for temporary duty (TDY) at the Army Medical Department (AMEDD) Center and School, Academy of Health Sciences, Fort Sam Houston, TX, from 18 May 1992 through 2 December 1992, to attend the AMEDD BOLC and follow-on training
* assigned to the 44th Medical Brigade, Fort Bragg, NC on 4 January 1993

* The "For Army Use" section of the orders shows her HOR as "Haines City, FL  33844."

4.  A DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), prepared on 19 May 1992, shows the following –

Service							From				  	 To

Army (Inactive - Enlisted)	26 June 1980		 29 July 1980
Army (Active - Enlisted)		 30 July 1980			13 June 1990
USAR (Inactive - ROTC)	14 June 1990	  	  1 May 1992
USAR (Inactive - Officer)	  2 May 1992			17 May 1992
USAR (Active - Officer)		18 May 1992		 	Present (19 May 1992)

5.  Headquarters, U.S. Army Garrison, Fort Dix, NJ, Order Number 339-001, dated 5 December 2001, retired the applicant from active duty on 31 July 2002 and placed her on the retired list, in the rank of captain, effective 1 August 2002.   The "For Army Use" section of the orders shows the following entries –

* HOR:  Haines, FL
* Place EAD:  Miami, FL

6.  A DD Form 214 shows the applicant entered active duty this period on 18 May 1992, was honorably retired (in the rank of captain) on 31 July 2002, and transferred to the USAR Control Group (Retired).  She had completed 10 years, 2 months, and 13 days of net active service this period; 9 years, 10 months, and 14 days of total prior active service; and 1 month and 4 days of total prior inactive service.  It also shows the following entries in –

* item 7a:  Miami, FL
* item  7b:  Haines, FL  33844

7.  The Joint Base San Antonio – Fort Sam Houston website available at www.samhouston.army.mil shows it is the home of Military Medicine located in the heart of San Antonio, TX.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214. 

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the ORB, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 7a (Place EAD) and 7b (HOR), show that a Soldier's initial enlistment contract or order to active duty is the source document for this data.  Enter the city and state where the Soldier entered active duty.  It also provides, in pertinent part, that:

    	(1)  Officers enter active duty in accordance with their initial order to active duty.  Normally, this is a TDY location for attendance at the BOLC or other TDY location (e.g., in support of ROTC Summer Camp or Gold Bar Recruiting duties).

    	(2)  Soldiers who previously changed their status or component while serving on active duty, that installation where the change was made becomes the place entered active duty for this period of service.  (For example, an enlisted Soldier is discharged at Fort Rucker, AL to continue on active duty as a warrant officer.  Upon completion of her warrant officer active duty, her DD Form 214 would list Fort Rucker, AL, as her place of entry for this period of service.)

    	(3)  Item 7b (HOR), refers to the Soldier's initial enlistment contract or appointment order.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her 31 July 2002 DD Form 214 should be corrected to show her Place EAD was San Antonio, TX.

2.  The evidence of record shows the applicant was –

* honorably discharged from the RA on 13 June 1990
* transferred to the USAR Control Group (ROTC) on 14 June 1990
* enrolled in the ROTC program from 14 June 1990 to 1 May 1992
* appointed as a Reserve commissioned officer on 2 May 1992

3.  Records show the applicant was ordered to active duty as a Reserve commissioned officer on 18 May 1992 and she reported for TDY at Fort Sam Houston, TX, on 18 May 1992, to attend BOLC.

4.  The evidence of record shows that officers enter active duty in accordance with their initial order to active duty and, normally, the Place EAD is a TDY location for attendance at the BOLC or other TDY location.

5.  Therefore, it would be appropriate to correct the applicant's records to show she was ordered to active duty (on 18 May 1992) at San Antonio, TX.

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:

   a.  correcting Headquarters, U.S. Army Garrison, Fort Dix, NJ, Order Number 339-001, dated 5 December 2001, to amend the "Place EAD" to read "San Antonio, TX" and

   b.  correcting item 7, block a, of her 31 July 2002 DD Form 214 by –

* deleting the entry, "Miami, FL"
* adding the entry, "San Antonio, 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.
ABCMR Record of Proceedings (cont)                                         AR20140002474



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ABCMR Record of Proceedings (cont)                                         AR20140002474



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