BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140018119
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 Fort Sam Houston, TX instead of Muskogee, OK.
2. The applicant states, in effect, he believes his DD Form 214 should show Fort Sam Houston, TX as his place of entry into active duty because that was his first active duty assignment as listed on his initial active duty orders.
3. The applicant provides a copy of his DD Form 214 and a copy of his orders that ordered him to active duty, dated 15 May 1990.
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 was issued a letter of appointment on 9 May 1990, which shows he was residing at his home in Muskogee, OK at the time of his appointment. This letter appointed him as a Reserve commissioned officer of the Army, with an area of concentration (AOC) of 68K (Optometry Officer).
3. His records do not contain a DA Form 71 (Oath of Office); however, his records contain a copy of his Officer Record Brief (ORB), which lists both his pay entry basic date and basic date of appointment as 10 May 1990.
4. Orders A-05-000789 issued by U.S. Total Army Personnel Command, St. Louis, MO on 15 May 1990, shows the following:
a. He was ordered to active duty and assigned to temporary duty (TDY) at the Academy of Health Sciences, Fort Sam Houston, TX for the purpose of attending the Army Medical Command (AMEDD) Officer Basic Course.
b. His reporting date was 24 June 1990.
c. The orders indicated he would proceed from his current location in time to report on the date shown. His location on these orders indicated Muskogee, OK.
d. In the additional instructions, his effective date of assignment to active duty accession was listed as 21 June 1990, with travel authorized by privately owned vehicle from his current location (Muskogee, OK).
5. On 23 June 1993, he was honorably released from active duty under the provisions of Army Regulation 635-100 (Personnel Separations Officer Personnel), paragraph 3-48(c) (1), by reason of expiration term of service. He completed 3 years of net active service this period. The place of entry into active duty indicated on the DD Form 214 is Muskogee, OK, which matches what was shown on the orders ordering him to active duty.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, 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. Its purpose is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The
version of the regulation in effect at the time of his discharge stated to enter the city and state from which the Soldier last entered or was ordered to active duty in item 7a (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214, to show his place of entry on active duty as Fort Sam Houston, TX instead of Muskogee, OK, was carefully considered.
2. He served his initial period of active duty from 24 June 1990 through 23 June 1993.
3. Orders A-05-000789 show he was ordered to active duty with TDY at Fort Sam Houston, TX from Muskogee, OK. These orders assigned him to active duty effective 21 June 1990, and authorized his travel by privately owned vehicle from Muskogee, OK.
4. Based on the foregoing, the applicant entered active duty from his residence, Muskogee, OK; therefore, there is no evidence on which to base correction of his records to show he entered active duty from any other location.
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) AR20140018119
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