BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017798 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 BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017798 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: a. amending Orders 237-0214, Fort Hood, Texas, dated 25 August 2003 by showing he entered active duty in San Antonio, Texas; and b. correcting Item 7a (Place of Entry into Active Duty) of his DD Form 214 by showing San Antonio, 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. BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017798 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 by showing his initial entry into active duty was in San Antonio, Texas. 2. The applicant states he took his oath of office and entered into active duty in San Antonio, Texas. 3. The applicant provides: * Enlistment/Travel Order Number 153-2, Military Entrance Processing Station, dated 29 July 1983 * Orders 150-2, Fort McClellan, Alabama, dated 3 August 1983 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. At the time of his enlistment, the applicant was retired from the U.S. Army in the rank of staff sergeant, pay grade E-6. 3. A DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 November 1982, shows the applicant enlisted in the U.S. Army Reserve for 6 years. This document further shows this enlistment took place in Kansas City, Missouri. 4. A DD Form 4/3, (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 July 1983, shows the applicant, while in San Antonio, Texas, enlisted in the Regular Army (RA) for 3 years. 5. A DD Form 4/1, dated 28 March 1986, shows the applicant immediately reenlisted in the RA for 3 years while serving in the Republic of Korea (ROK). 6. A DD Form 4/1, dated 20 December 1988, shows the applicant immediately reenlisted in the RA for 3 years while serving in the ROK. 7. A DD Form 4/1, dated 21 November 1990, shows the applicant immediately reenlisted in the RA for 4 years while serving at Fort Leavenworth, Kansas. 8. A DD Form 4/1, dated 3 June 1994, shows the applicant immediately reenlisted in the RA for 4 years while serving at Fort Hood, Texas. 9. A DD Form 4/1, dated 27 January 1997, shows the applicant immediately reenlisted in the RA for 5 years while serving at Fort Hood, Texas. 10. Orders 237-0214, Fort Hood, Texas, dated 25 August 2003, announced the applicant’s release from active duty and placement on the Retired List. These orders also indicate that he entered active duty in Kansas City, Missouri. 11. A DD Form 214 reports that the applicant was retired due to sufficient service on 30 November 2003. This document also indicates that his entry into active duty occurred in Kansas City, Missouri. REFERENCES: Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. It provides that the entry in Item 7a will show the Soldier’s place of enlistment into active duty based on his initial enlistment contract. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing his initial entry into active duty as in San Antonio, Texas. 2. A review of the applicant’s enlistment contracts show that his initial entry into the RA occurred in San Antonio, Texas. However, his DD Form 214 incorrectly reports he entered active duty in Kansas City, Missouri. /NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017798 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2