IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140017755
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record (HOR) and place of entry into active duty as Fort Sam Houston, TX versus Gorham, ME.
2. The applicant states she entered active duty, on 10 June 1995, at Fort Sam Houston, TX. Her HOR and place of entry into active duty are both incorrectly listed as Gorham, ME.
3. The applicant provides copies of her DD Form 214 and Orders Number
120-53-A-481, dated 30 April 1995.
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 U.S. Army Reserve (USAR) as a Reserve Officers' Training Corps (ROTC) cadet, on 16 September 1991.
3. Orders Number 120-53-A-481, issued by Headquarters, First Region ROTC, U.S. Army Cadet Command, Fort Bragg, NC, dated 30 April 1995, ordered her to active duty upon acceptance of an appointment in the USAR, and directed her to report to Fort Sam Houston, TX on 11 June 1995. These orders ordered her to active duty from her current location (emphasis added) in time to reach Fort Sam Houston by the specified reporting date. The orders do not show her permanent address; however, they do show her HOR as Gorham, ME.
4. She was appointed as Reserve commissioned officer of the Army on 21 May 1995. Her appointment memorandum does not show her address. However, her record contains her DA Form 61-E (Application for Appointment), in which she listed her permanent address as Gorham, ME and her temporary address (for the purpose of attending college or university) as North Easton, MA. Her DA Form 71 (Oath of Office Military Personnel) shows she swore her oath of office at Stonehill College, North Easton, MA.
5. Her DD Form 214 shows she entered active duty as a Regular Army selectee on 10 June 1995 and she was honorably discharged on 28 June 2001. Items 7a (Place of Entry into Active Duty) and 7b (HOR at Time of Entry) of her
DD Form 214 contain the entry Gorham, ME.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. This regulation provided specific guidance for Soldiers tasked with preparing the DD Form 214. It specified that for items 7a and 7b, the preparer would use the separating Soldiers initial enlistment contract or appointment document as the source document for this data (emphasis added).
a. For item 7a, enter the city and State where the Soldier entered active duty.
b. For item 7b, enter the street, city, state and ZIP code listed as a Soldiers HOR. A Soldier's HOR was determined to be the place recorded as their HOR when they were commissioned, appointed, enlisted, or ordered to a tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show her place of entry into active duty as Fort Sam Houston, TX, versus Gorham, ME, was carefully considered.
2. The evidence shows she was appointed as a Reserve commissioned officer of the Army on 21 May 1995 at Stonehill College in North Easton, MA. At the time of her appointment, she listed her permanent address as Gorham, ME. Her orders to active duty do not specifically identify her permanent address; however, they do identify her HOR as Gorham, ME. Therefore, it is reasonable to conclude her home of residence when she entered active duty was Gorham, ME.
3. Her active duty orders clearly show she was ordered to active duty from her current location, with allowable travel time to reach Fort Sam Houston, TX by the specified report date. She did not enter active duty at Fort Sam Houston, TX; therefore, there is no basis to grant the requested relief.
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) AR20140017755
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ABCMR Record of Proceedings (cont) AR20140017755
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