BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012416 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his place of entry into active duty as Killeen, TX instead of San Diego, CA.

2.  The applicant states, in effect, he believes an error was made because he had a break in service.  Item 29 (Dates of Time Lost during this Period) shows lost time from 20030802-20070606.  He later reentered the Army in Killeen, TX.  He thinks the Board should favorably consider his request because it will help him obtain a school benefit under the Hazelwood [sic] Act.

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.  After completing 4 years of active service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 11 March 2003 for a period of 3 years.  Following the completion of initial training he was awarded military occupational specialty 21B (Combat Engineer).  The entry for place of enlistment recorded on his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) is shown as San Diego, CA. 

3.  On 14 February 2010, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.  He had completed 3 years and 29 days of net active creditable service.  His DD Form 214 also shows he had 1,400 days of time lost.  The circumstances surrounding the amount of time lost is not available for review in his official military personnel file (OMPF).  The place of entry into active duty indicated on the DD Form 214 is San Diego, CA, which matches what was shown on his DD Form 4.

4.  On 7 October 2011, the applicant enlisted in the Texas Army National Guard (TXARNG) for a period of two years.  His DD Form 4 shows his home of record as Killeen, TX.

5.  The applicant was separated from the TXARNG on 6 October 2013 after serving 2 years.  His address at separation was shown as Killeen, TX.

6.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policies governing the completion of the DD Form 214.  In Chapter 5 (Preparing Separation Documents) it provides guidance for showing the place of entry on active duty.  It states a Solder's initial enlistment contract is the source document for this data.  Enter city and state where the Soldier entered active duty.

7.  The Hazlewood Act is a State of Texas benefit that provides qualified Veterans, spouses, and dependent children with an education benefit of up to 150 hours of tuition exemption, including most fee charges, at public institutions of higher education in Texas.  Currently Veterans are required to show Texas as their home of record when they entered military service.  On 26 January 2015, however, the U.S. District Court for the Southern District of Texas ruled this requirement was unconstitutional.  That decision is being reviewed by the Texas Attorney General for possible appeal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show his place of entry on active duty as Killeen, TX.  He asks for this change so he can become eligible for education benefits offered in the State of Texas.

2.  By regulation, the place of entry into active duty entered on the DD Form 214 is that place recorded on the enlistment document.  

3.  At time of his enlistment for the period ending 14 February 2010, his DD 
Form 4 enlistment document showed his place of entry as San Diego, CA.  This location is also shown on his DD Form 214 for that period.  Regulatory requirements were clearly met in this case, no error or injustice occurred, and no change is therefore required.

4.  The ABCMR does not grant requests to amend DD Forms 214 solely for the purpose of making an applicant eligible for veterans benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veteran’s benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for education benefits within the State of Texas should be addressed to the Texas Veterans Commission.

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)                                         AR20140012416





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ABCMR Record of Proceedings (cont)                                         AR20140012416



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