IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017693 BOARD VOTE: ____x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017693 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 7a (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Fort Sam Houston, Texas, instead of "Cotte Kill," New York. _____________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. IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017693 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 (PLEAD) as Fort Sam Houston, Texas, instead of Cottekill, New York. 2. The applicant states: a. His home of record is Cottekill, New York but he entered Federal Service in September 2006, at Fort Sam Houston, Texas. b. His DA Form 71 (Oath of Office – Military Personnel) shows he entered Federal Service at Fort Sam Houston, Texas. c. He is a 100 percent service-connected permanently and totally disabled combat veteran and he has been forced to medically retire due to war related injuries from his service in Iraq. d. He is requesting this correction so that his children will be eligible for disabled Veteran's educational benefits in their home state of Texas. e. Due to his war related injuries, he has no other means of providing for their education and in order for his children to be eligible for educational benefits item 7a of his DD Form 214 must indicate that he entered Federal Service in Texas and served honorably. 3. The applicant provides: * DD Form 214, dated 1 November 2009 * DA Form 71, dated 25 September 2006 * Department of the Army Office of the Assistant Secretary Manpower and Reserve Affairs Letter (Undated) * Department of Veterans Affairs Letter, dated 1 May2015 * DA Form 638 (Recommendation for Award), dated 1 November 2007 * Narrative to Accompany the Award of the Army Commendation Medal with Valor Device 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's Letter of Appointment is not available for review. 3. On 14 August 2006, Orders A-08-690916 were published by the U.S. Army Human Resources Command ordering the applicant to temporary duty to attend the Army Medical Department (AMEDD) Warrior Leadership Course at Fort Sam Houston, Texas with an arrival date of no later than 25 September 2006. These orders show his home address as XXXX Lucas Avenue, "Cotte Kill," New York and his rank as first lieutenant (O-2). 4. The available record shows the applicant initiated his Oath of Office as a commissioned officer in the Regular Army on 25 September 2006 at Fort Sam Houston, Texas. 5. On 1 November 2009, the applicant was honorably discharged due to miscellaneous/general reasons. He was transferred to the United States Army Reserve Control Group (Individual Ready Reserve). Item 7a of his DD Form 214 shows his PLEAD as "Cotte Kill," New York. His DD Form 214 does not credit him with any prior active service or any prior inactive service. REFERENCES: The Joint Federal Travel Regulations (JFTR), Appendix A (Definitions) defines the Place From Which Called (or Ordered) to Active Duty (PLEAD) as the place of acceptance in current enlistment, commission, or appointment of members of the regular Services, or of members of the Reserve components when enlisted, commissioned, or appointment for immediate active duty. This document also notes the PLEAD changes only if there is a break in service exceeding one full day, in which case it is the place of entry into the new period of service. DISCUSSION: 1. The applicant's contentions have been noted. 2. Based on the available evidence it appears the applicant was serving as a Reserve commissioned officer in the rank of first lieutenant when Orders A-08-690916 were published ordering him to temporary duty at Fort Sam Houston, Texas to attend the AMEDD Warrior Leadership Course with an arrival date of no later than 25 September 2006. 3. The applicant initiated his Oath of Office as a commissioned officer in the Regular Army on 25 September 2006 at Fort Sam Houston, Texas. His DD Form 214 does not credit him with any prior active service or prior inactive service. The evidence shows he entered active duty at Fort Sam Houston, Texas, on 25 September 2006. This is not properly shown on his DD Form 214. 4. According to the applicable regulation the PLEAD is the place of acceptance in the current enlistment, commission, or appointment of members of the regular Services, or members of the Reserve components when enlisted, commissioned, or appointment for immediate active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017693 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017693 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2