ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 July 2019

	DOCKET NUMBER:  AR20170001530


APPLICANT REQUESTS:  correction of item 6 (Place of Entry into Active Duty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:  

     a.  He attended and completed Reserve Officer Training Corp (ROTC) summer camp in June through July 1975 at Fort Riley, Kansas, but only as a cadet.  He was commissioned as a 2LT at Texas A&M University on 8 May 1976 and he                            reported for active duty to Fort Sill, Oklahoma on 23 May 1976.  

     b.  He need this correction and notations added to his DD 214, so that he can be eligible for education and other benefits provided by the State of Texas to military veterans.  The state of Texas uses the DD 214 as proof of service and Home of Record.

3.  A review of the applicant’s service record shows:

	a.  On 16 April 1976, letter orders number A-04-42, ordered to extend the applicant to active duty as a United States Army Reserve Officer.  It shows “Hurst, TX 76053” as the applicants Home of Record (HOR).

	b.  On 8 May 1976, the applicant was appointed as a Reserve Commissioned Officer of the Army under Title 10, United States Code, and Sections 591, 2104, 2106 and 2107, at Texas A&M University.

	c.  On 12 May 1976, DA Form 873 (Certificate of Clearance and/or Security Determination) a background investigation was completed on the applicant.  The originating headquarter is listed as Texas A&M University, College Station, TX.

	d.  The applicant wants His DD 214 to read for item 6 Place of Entry into Active Duty as “Fort Sill, Oklahoma” instead of “Fort Riley, Kansas.

	e.  His DA Form 2-1 (Personnel Qualification Record) shows the applicant attended and graduated from Field Artillery ROTC, United States Army School Field Artillery School, and Field Artillery Basic Course at Fort Sill, Oklahoma from 8 May 1976 to 12 November 1976.

4.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the information on the applicant’s DD Form 214 was in error and required correction.  For that reason, the Board recommended changing Item 6 of the DD Form 214 to read Fort Sill, Ok. 

However, the Board found that the HOR of the applicant was already reflected as Hurst, TX on his DA Form 2-1; therefore, no error or change was required concerning the applicant’s HOR.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Item 6 to read, “Fort Sill, OK”.
2.  The Board further determined 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 changing the applicant’s home of record.
	 
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 

	a.  Officer personnel ordered from Army National Guard (ARNG) or United States Army Reserves (USAR) or called from. ARNG, enter city and State as indicated on active duty orders (see AR 310-10). -For officer personnel who are commissioned from- enlisted or warrant status or who are appointed warrant officers from enlisted status, enter the name of the Army installation where officer's current tour began. For Regular Army officers who were appointed in Regular Army while on active duty as Reserve officers, enter the name of the Army installation where officer was located on the date of acceptance in Regular Army.

b. Enlisted personnel. For enlisted personnel ordered or called to active duty, enter city
and State as indicated on active duty orders (see AR 310-10). For enlisted personnel who were inducted or enlisted, enter place at which induction or enlistment was accomplished. If the qualification record of an enlisted member indicates that he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, enter the place of entry into the earliest period of active service to be covered by this DD Form 214.

c. Cadets. Enter city and State of residence at time of appointment as a cadet.

ABCMR Record of Proceedings (cont)	 AR20170001530


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