IN THE CASE OF:	  

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150000947 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his place of entry into active duty as     "El Paso, Texas," the location that coincides with his home of record (HOR).

2.  The applicant states:

* the included documents prove he entered the Delayed Entry Program (DEP) during his final year at Andress High School in El Paso
* he included a Daily Processing Report, high school diploma, and copies of his driver licenses to further substantiate his HOR as El Paso, Texas
* the supporting documents attached will support his application and show that the current entry in Block 6 (Place of Entry Into Active Duty) of his    DD Form 214 does not reflect his HOR; this is an error in his case
* the attached documents will show that while attending Andress High School in El Paso, Texas, he joined the DEP on 19 November 1983
* after he graduated high school and prior to his scheduled date of enlistment in the Regular Army and entry on active duty, he vacationed in California
* after his vacation, he reported to the Military Entrance Processing Station (MEPS) in Los Angeles, California to be sworn in and enter active duty
* for his convenience, and for the convenience of the U.S. government, he did not return to his HOR in El Paso to enter active duty; thus, the entry in Block 6 of his DD Form 214 is correct as his place of entry into active duty but it doesn't account for his HOR on the DD Form 214
* since the DD Form 214 is the single document that establishes proof of military service, most agencies will not accept any other verification documents
* he has proven that he is a Texas veteran who has lived in El Paso for     27 years – attending high school, joining and serving in the Army for         3 years, returning home and serving in the U.S. Army Reserve (USAR), working, attending Western Technical College, and raising his family
* the only way to set the record straight and establish his correct HOR is to correct Block 6 of his DD Form 214 to show he entered active duty from  El Paso, Texas

3.  The applicant provides:

* 2 copies of his DD Form 214
* 2 different U.S. Army Recruiting Command (USAREC) Forms 512
* a copy of his high school diploma
* multiple copies of his State of Texas Driver Licenses and Commercial Driver Licenses
* a Daily Processing Report from the U.S. Army Recruiting Battalion – Albuquerque, dated 19 November 1983
* a letter from the National Personnel Records Center, St. Louis, Missouri, dated 14 November 2014
* 2 copies of a National Archives and Records Administration (NA) Form 13038 (Certification of Military Service)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* Orders 231-47, issued by Headquarters, Fifth U.S. Army and Fort Sam Houston, Fort Sam Houston, Texas on 4 December 1989
* DA Form 2A (USAR) (Personnel Qualification Record (Enlisted)), dated    9 June 1989
* Standard Form (SF) 601 (Health Record – Immunization Record)
* SF 88 (Report of Medical Examination), dated 19 November 1983
* SF 93 (Report of Medical History), dated 19 November 1983
* SF 88, dated 30 June 1987
* SF 93, dated 30 June 1987
* SF 603 (Health Record – Dental)
* SF 603A (Health Record – Dental – Continuation)
* a letter from the Case Management Division of the Army Review Boards Agency, Arlington, VA, dated 22 August 2014



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 DEP on 19 November 1983.  His DD Form 4/1 shows in - 

* Block 5 (HOR), the entry "El Paso Texas 79924"
* Block 6 (Place of Enlistment/Reenlistment), the entry "MEPS El Paso Texas 79901" 

3.  He enlisted in the Regular Army on 14 September 1984.  According to his   DD Form 4/3, his enlistment occurred at the Los Angeles MEPS, in Los, Angeles, California. 

4.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 88M (Motor Transport Operator).  He served for    2 years, 9 months, and 26 days of total active service, achieving the rank/grade of specialist four/E-4.  

5.  He was honorably released from active duty on 9 July 1987.  His DD Form 214 shows in - 

* Block 6, the entry "Los Angeles, CA"
* Block 18 (Remarks), the entry "Delayed Entry Program (DEP): 831119 – 840913"

6.  The enlistment documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)) establish that his HOR at the time of his enlistment was El Paso, Texas, he enlisted in the DEP in El Paso, Texas, and he entered active duty from Los Angeles, California.  His MPRJ does not contain documentation that shows he was a resident of California at the time of his enlistment into the Regular Army.
7.  Army Regulation 635-5 (Separation Documents), in effect at the time,  prescribed the separation documents that were prepared for individuals upon their retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for preparing and distributing the DD Form 214.  It provided that with respect to the completion of – 

   a.  Block 6, a Soldier's initial enlistment contract or appointment document was the source document for determining the location from which the Soldier entered into active duty.
   
   b.  Block 18, the remarks section should be used to record entries required by Headquarters, Department of the Army for which a separate item is not available on the form, and for completing entries that are too long for their blocks.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the DEP in El Paso, Texas, and he entered into the Regular Army at Los Angeles, California.  It is unclear why he entered active duty at Los Angeles, California; however, it appears the applicable entry in block 6 of his DD Form 214 is consistent with his DD Form 4.  Therefore, there does not appear to be an error.

2.  His MPRJ clearly shows he was a resident of El Paso, Texas at the time of his enlistment, and El Paso, Texas is listed as his HOR.  Therefore, in the interest of justice, it would be appropriate to correct block 18 of his DD Form 214 to show his HOR as El Paso, TX.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 to show he entered active duty at El Paso, Texas.

2.  The Board determined that an administrative error in the record of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct block 18 of the DD Form 214 of the individual concerned to add the entry "Home of Record: El Paso, Texas."




      _______ _   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)                                         AR20120013311



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ABCMR Record of Proceedings (cont)                                         AR20150000947



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