ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20170012284


APPLICANT REQUESTS:  correction of the below items of his DD Form 214 (Certificate 
of Release or Discharge from Active Duty) 

*	item 7a (Place of Entry into Active Duty) from Fort Bragg, NC to Fort Sam 
Houston, TX 
*	item 12a (Date Entered AD This Period) from 14 August 1995 to 20 August 1995

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 71 (Oath of Office – Military Personnel)
*	Orders 126-47-A-683
*	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 his Place of Entry into Active Duty, Fort Bragg should state Fort 
Sam Houston, Texas.  His Date entered AD This Period, 14 August 1995 should state 
20 August 1995.

3.  The applicant provides:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 71 (Oath of Office – Military Personnel)
*	Orders 126-47-A-683
*	DD Form 214

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

	a.  The applicant attended Massachusetts Institute of Technology, Cambridge, MA 
as a Reserve Officer Training Corps (ROTC) cadet. 

	b.  On 6 May 1995, Headquarters, First Region (ROTC), U.S. Army cadet Command 
issued Orders 126-47-A-683, ordering him to active duty for a 4-year obligation, upon 
acceptance of appointment, as follows: 

*	assigned to Fort Stewart, GA, reporting on 13 November 1995
*	temporary Duty at Fort Sam Houston, TX not earlier than 20 August 1995

	c. He executed an oath of office on 20 August 1995 at Fort Sam Houston, Texas, 
and was appointed as a Reserve commissioned officer of the Army.

	d.  He entered active duty on 14 August 1995.  He served in a variety of 
assignments and he was advanced to captain. 

	e.  He was honorably discharged from active duty on 8 August 2004.  He completed 
8 years, 11 months, and 25 days of active service.  His DD Form 214 shows in: 

*	Block 7a (Place of Entry Into Active Duty), Fort Bragg, NC
*	Block 12a (Date Entered Active Duty This Period) 14 August 1995 

5.  By regulation, AR 635-5 (Separation Documents) in effect at the time states that DD 
Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active 
Duty).will be issued to provide missing information or to correct any information.  Place 
of Entry onto Active Duty and Home of Record at Time of Entry.  A soldier's initial 
enlistment contract or appointment document is the source for this data, or any 
approved change by EREC.  (a) Enter the city and state where the soldier entered 
active duty.  For overseas addresses include the APO or FPO.  (b) Enter the street, city, 
state and ZIP code listed as a soldier's home of record.  "Home of Record" is the place 
recorded as the home of record of the soldier when commissioned, appointed, enlisted, 
or ordered to a tour of active duty.  This cannot be changed unless there is a break in 
service of at least I full day (Joint Federal Travel Regulations, Volume I, App A, Part 1). 
Home of record is not always the same as the legal domicile as defined for income tax 
purposes. Legal domicile may change during a soldier's career.  Item I2. Record of 
Service:  Use extreme care in completing this block since post-service benefits, final 
pay, retirement credit, and so forth are based on this information.  (a) Date Entered 
Active Duty (AD) This Period:  Enter the beginning date of the continuous period of AD 
for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows he was ordered to active duty and began his travel on 14 August 1995 
while assigned to Fort Bragg, NC.  Based upon the documentary evidence provided by 
the applicant and found within the military service record, the Board agreed there was 
insufficient evidence of an error or injustice in this case.

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.
	  
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.  By regulation, AR 635-5 (Separation Documents) in effect at the time states that 
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from 
Active Duty).will be issued to provide missing information or to correct any information.  
Block 7a: Place of Entry into Active Duty. A Soldier’s initial enlistment contract or order 
to active duty is the source document for this data. Enter the city and state where the 
Soldier entered active duty.  Officers enter active duty in accordance with their initial 
order to active duty. Normally, this is a temporary duty location for attendance at the 
Basic Officer Leader Course or other temporary duty location (for example, in support 
of Reserve Officers’ Training Corps (ROTC) Summer Camp or Gold Bar Recruiting 
duties).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012284

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