IN THE CASE OF:    

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140005576 


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) to show her Home of Record (HOR) as 
St. Charles, MO (not St. Louis, MO) and her Place of Entry into Active Duty (Place EAD) was Fort Sam Houston, San Antonio, TX (not St. Louis, MO).

2.  The applicant states that she was residing in St. Charles, MO, when she was appointed in the U.S. Army Reserve (USAR); however, she was ordered to active duty at Fort Sam Houston, San Antonio, TX.  She is attempting to file for tuition assistance for her son under the Hazlewood Act; however, the Act requires a Place EAD as somewhere in the State of Texas.

3.  The applicant provides copies of her active duty orders and 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.  A U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated 7 May 1990, shows the applicant was notified of her appointment as a Reserve commissioned officer, in the rank of first lieutenant, in the Army Nurse Corps (ANC).  The memorandum also shows the applicant was residing in St. Charles, MO, and that she accepted her appointment on 17 June 1990.

3.  U.S. Total Army Personnel Command, St. Louis, MO, Orders A-10-001532, dated 15 October 1992, show the applicant was ordered to active duty (OAD) on 
3 January 1993 for a period of 3 years.  The Standard Name Line (SNL) of the orders shows she was residing in St. Charles, MO, at the time she was OAD.

* The orders also show she was –

* to report for temporary duty (TDY) at Company A, 1st Battalion, Academy Brigade, Academy of Health Sciences, Fort Sam Houston, TX, from 3 January 1993 through 18 March 1993, to attend the 
U.S. Army Medical Department (AMEDD) Officer Basic Course (OBC)
* assigned to Tripler Army Medical Center, Honolulu, HI, on 29 March 1993

* The "For Army Use" section of the orders shows for her HOR and also the Place EAD the entry, "Same as SNL"

4.  AMEDD Center and School, Fort Sam Houston, TX, Orders 102-0103, dated 12 April 1999, released the applicant from active duty on 30 July 1999 and transferred her to the USAR Control Group (Reinforcement).  The "For Army Use" section of the orders shows the following entries –

* HOR:  St. Louis, MO
* Place EAD or OAD:  St. Louis, MO

5.  A DD Form 214 shows the applicant entered active duty this period on 
3 January 1993, was honorably released from active duty on 30 July 1999, and transferred to the USAR Control Group (Reinforcement).  She had completed 
6 years, 6 months, and 28 days of total active service this period.  It also shows the following entries in –

* item 7a (Place EAD):  St. Louis, MO
* item 7b (HOR):  St. Louis, MO  63304

6.  USAR Personnel Command, St. Louis, MO, Orders D-10-972082, dated 
21 October 1999, honorably discharged the applicant form the USAR effective 
27 October 1999.  The orders show the applicant was residing in San Antonio, TX at the time of her discharge.

7.  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 Officer Record Brief, 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 OBC 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 DD Form 214 should be corrected to show her HOR as St. Charles, MO, and her Place EAD as Fort Sam Houston, 
San Antonio, TX.

2.  Records show the applicant was appointed as a Reserve commissioned officer on 17 June 1990.  At the time, her residence was in St. Charles, MO.

3.  Records show the applicant was OAD as a Reserve commissioned officer, on 3 January 1993, with instructions to report for TDY to attend OBC at Fort Sam Houston, TX.

   a.  The SNL of the orders also show her residence at the time was in
St. Charles, MO  63304.

   b.  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/installation for attendance at the OBC.  In the applicant's case, the 
Pl EAD was "Fort Sam Houston, TX."

4.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's records to show her HOR as St. Charles, MO, and that she was ordered to active duty (on 3 January 1991) at Fort Sam Houston, 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 U.S. Army Medical Department Center and School, Fort Sam Houston, TX, Orders 102-0103, dated 12 April 1999, by amending the "For Army Use" section to read, as follows –

* HOR:  St. Charles, MO
* Place EAD or OAD:  Fort Sam Houston, TX


   b.  correcting her 30 July 1999 DD Form 214 by –

* deleting the current entry from item 7, block a, and adding the entry, "Fort Sam Houston, TX"
*  deleting the current entry from item 7, block b, and adding the entry, "St. Charles, MO  63304"




      _______ _   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)                                         AR20140005576



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ABCMR Record of Proceedings (cont)                                         AR20140005576



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