BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001284 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001284 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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: 16 May 2017 DOCKET NUMBER: AR20160001284 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 item 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 February 2015, be changed to show Fort Sam Houston, Texas. 2. The applicant states he entered into active duty on 8 March 1994, at Fort Sam Houston, Texas, where he went to the Officer Basic Course. On 8 March 1994, he claimed the State of Texas as his residence and he has not changed it to this date. He currently lives in El Paso, Texas, and he does not plan on going back to New Mexico. 3. The applicant provides: * DD Form 214 * Orders A-01-003050 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. On 11 May 1985, the applicant accepted appointment as a Reserve commissioned officer of the United States Army. 3. On 23 May 1986, at Albuquerque, New Mexico, he executed the Oath of Office as a second lieutenant in the Army National Guard of the State of New Mexico. 4. The applicant provides and his record contains U.S. Total Army Personnel Command Orders A-01-003050, dated 21 January 1994, which show he was ordered to active duty from Los Lunas, New Mexico, with temporary duty at Fort Sam Houston, Texas. The orders assigned him to active duty effective 6 March 1994, and authorized his travel by privately owned vehicle from Los Lunas, New Mexico. 5. On 28 February 2015, he was retired and placed on the Retired List the following day. Item 7a of the DD Form 214 he was issued contains the entry "Los Lunas, New Mexico." REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. A Soldier's initial enlistment contract or order to active duty is the source document for the data in item 7a of the DD Form 214. Officers enter active duty in accordance with their initial order to active duty. The city and state is entered in item 7a of the DD Form 214. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his place of entry into active duty as Fort Sam Houston, Texas, versus Los Lunas, New Mexico, was carefully considered. 2. Evidence shows the applicant executed the Oath of Office as a second lieutenant in the Army National Guard of the State of New Mexico on 23 May 1986. Orders A-01-003050 show he was ordered to active duty with temporary duty at Fort Sam Houston, Texas, from Los Lunas, New Mexico. These orders assigned him to active duty effective 6 March 1994, and authorized his travel by privately owned vehicle from Los Lunas, New Mexico. 3. Based on the foregoing, the applicant entered active duty from his residence, Los Lunas, New Mexico; therefore, there is no evidence on which to base correction of his records to show he entered active duty from any other location. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2