IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006743 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 rank as sergeant (SGT) vice specialist five (SP5) * he entered active duty in San Antonio, TX, vice Los Angeles, CA 2. The applicant states his DD Form 214 has his rank and place he entered active duty wrong. He had been promoted to SGT/E-5. He graduated high school in TX and that is where he enlisted in the Army. 3. The applicant provides his DD Form 214, a diploma, and three W-2 Forms (Wage and Tax Statement). 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) Delayed Entry Program (DEP) on 28 April 1980. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his home of record at the time as Llano, TX, and that he enlisted at the Armed Forces Entrance and Examination Station (AFEES), San Antonio, TX. He was discharged from the DEP on 2 June 1980. 3. He enlisted in the Regular Army (RA) on 3 June 1980. Page 4 of his DD Form 4, dated 3 June 1980, shows he enlisted at AFEES, San Antonio, TX. Enlistment/Travel Order Number 115-7, dated 3 June 1980, issued by AFEES, San Antonio, assigned him to active duty and to Fort Sill, OK, for basic training and advanced individual training. 4. Orders 27-109, dated 28 January 1983, issued by Headquarters (HQ), 2nd Infantry Division, Korea, promoted him to the rank/grade of SP5/E-5 effective 1 February 1983. 5. Orders 109-23, dated 7 June 1983, issued by HQ, 1st Cavalry Division, Fort Hood, TX, reassigned him to the U.S. Army Separation Transfer Point, Fort Hood, for separation processing with a report date of 1 July 1983. These orders show his rank as SP5 and the place he entered active duty as San Antonio, TX. 6. His record contains a DA Form 2962 (Security Termination Statement), dated 1 July 1983, that shows his rank as SP5. He authenticated this form by placing his signature in the appropriate block on that date. 7. He was honorably released from active duty on 1 July 1983 and he was transferred to the USAR. The DD Form 214 he was issued shows the following entries in: * item 4a (Grade, Rate or Rank) - SP5 * item 6 (Place of Entry into Active Duty) - Los Angeles, CA DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant entered active duty at San Antonio, TX; however, his DD Form 214 shows he entered active duty at Los Angeles, CA. 2. With respect to his rank, the evidence of record confirms he was promoted to the rank of SP5 and this is the rank he held at the time of his release from active duty. His rank is correctly shown on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the entry in item 6 and replacing it with the entry San Antonio, TX. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his rank as SGT. _______ _ _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) AR20150006743 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006743 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1