ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
 BOARD DATE:	24 April 2019 DOCKET NUMBER: AR20170008809

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his place of entry into active duty.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
   * DD Form 214 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 that item 6 (Place of Entry into Active Duty) of his DD Form 214 should be changed from Georgia to Texas. It is important in Texas for Veterans Affairs benefits. He went from a Reserve officer to Regular Army officer. He had to leave and then come back in.

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

   a. He enlisted in the Regular Army on 5 July 1966. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his place of enlistment as Georgia and home address as Atlanta, Georgia.

   b. He was discharged to accept a commission as an officer in the Army on 15 May 1967. His DD Form 214 shows he was discharged from Fort Sill, Oklahoma. It also shows in item 20 (Place of Entry on Active Duty) Atlanta, Georgia.

c. He was commissioned as a Reserve officer in the Army on 16 May 1967.

d. He served in Vietnam from 5 December 1967 to 1 December 1968.
a. 

   e. He honorably retired on 31 August 1986. His DD Form 214 shows he completed 19 years, 3 months, and 15 days of active service with no lost time. Item 6 (Place of Entry Into Active Duty) shows Atlanta, Georgia.

5. By regulation, item 6 of the DD Form 214 states to enter the city and state from which the member last entered active duty from civilian life.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that rleif was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the place of entry currently reflected on the DD Form 214 accurately depicts the location of entry in the applicant’s case.  For that reason, the Board found no error or injustice which would warrant making a change to the record. For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
X
X
DENY APPLICATION


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.

5/1/2019
X 

CHAIRPERSON
Signed  by: 
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 (Personnel Separations – Separation Documents), in effect at the time, stated for item 6 (Place of Entry on Active Duty) to enter the city and state from which member last entered on active duty from civilian life.