PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           11 December 2001     
	DOCKET NUMBER:   AR2001060401

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that Item 7a, Place of Entry into Active Duty (PLEAD) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that his PLEAD is Fuerth, Germany, not Independence, Maryland.  He is also requesting reimbursement for his travel expenses to Germany following his discharge.

3.  The applicant states, in effect, that his DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows his PLEAD is Fuerth, Germany.  He states that he has never been to Independence, Maryland.  He submits in support of his request:  a copy of his DD Form 4/1-4/3; a copy of his DD Form 1966/2 (Record of Military Processing-Armed Forces of the United States); a copy of his DD Form 398-2 (National Agency Questionnaire); a copy of his Standard Form 88 (Report of Medical Examination); a copy of his DD Form 
214; and a statement for the Board to consider.  The applicant's statement indicates that his home of record (HOR) is San Antonio, Texas; however, he is a German National and he was forced to pay $900.00 for travel to Germany for both his wife and himself after he was discharged.  He believes that the Army should reimburse him for this travel.  At the time that he was discharged, he was under the impression that he had the option to travel to his HOR or to his PLEAD at the expense of the government.

4.  The applicant’s DD Form 4/1 shows that on 4 August 1994, he entered into the Delayed Entry Program (DEP), his PLEAD is shown as Fuerth, Germany, and his HOR is shown as San Antonio, Texas.  On 11 October 1994, he was discharged from the DEP and he enlisted in the Regular Army for 3 years and 17 weeks.  His PLEAD is again shown as Fuerth, Germany.

5.  On 7 December 2000, the applicant was honorably discharged at Fort Bragg, North Carolina.  Item 7a on his DD Form 214 incorrectly shows that his PLEAD is Independence, Maryland.  

6.  Army Regulation 635-5 provides that a soldier's initial enlistment contract or appointment document is the source for obtaining his PLEAD and his HOR.

7.  The Joint Federal Travel Regulations (JFTR), Volume 1, states, in pertinent part, that a member on active duty, who is separated from the Service or relieved from active duty, is entitled to travel and transportation allowances from the last permanent duty station to the HOR or PLEAD, as the member elects.  A member traveling to a different location is entitled to allowances for travel performed up to the amount payable for travel from the last permanent duty station to the HOR or PLEAD, whichever is greater.

CONCLUSIONS:

1.  The applicant is entitled to have his DD Form 214, Item 7a corrected to show that his PLEAD is Fuerth, Germany.  His HOR is correctly shown as San Antonio, Texas.

2.  The applicant is entitled to travel and transportation allowances from Fort Bragg to his HOR or his PLEAD.  If he traveled to a third location, he is entitled to allowances equal to that from Fort Bragg to San Antonio or Fort Bragg to Fuerth, whichever is greater.  However, since the applicant has provided no documentation to show where he traveled to, or how much he received in allowances, the Board cannot make a determination concerning the issue of travel pay and allowances.

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 7a his place of entry into active duty is Fuerth, Germany. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_KAK___  ___REB__  __TEO _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      Karol A. Kennedy_
		        CHAIRPERSON

INDEX

CASE ID	AR2001060401	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011211	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20001207	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON		
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.