ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20180001417


APPLICANT REQUESTS: correction of item 6 (Place of entry into Active Duty) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the place 
of entry as Texas (TX) vice California (CA). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 his DD Form 214 has CA as his place of entry and this is 
an error.  It was never an issue that he had other documents to show that he had ties to 
TX and the DD Form 4/4 (Enlistment/Reenlistment) shows his TX address.  It was not 
until recently when his home of record (HOR) was questioned by the University of TX at 
El Paso when one of his sons tried to access the Hazelwood Act Benefits and he 
showed all of his supporting documents and they would not accept them even though 
they showed his El Paso TX address.  All they wanted to see was his DD Form 214 that 
would show on item 6 TX as his HOR.  The applicant had shown interest in enlisting in 
California and signed up for the enlistment process to be in TX.  He completed testing, 
physical and delayed entry program in his home town of El Paso, TX.  He was taken 
from his home town of El Paso TX to Charleston, N.C. where he completed basic 
training.  He is requesting correction of his HOR on his DD 214 and his military records.

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

	a.  He enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program 
(DEP) on 14 August 1981 at the Los Angeles Armed Forces Examining and Entrance 
Station (AFEES).  His DD Form 4 (Enlistment/ Reenlistment) shows in item 5a (Home of 
Record (HOR) Los Angeles CA. 

	b.  He was discharged from the DEP on 3 December 1981 and enlisted in the 
Regular Army on 4 December 1981.  He took his RA oath of enlistment at the El Paso, 
TX AFEES. 

	c.  His DA Form 2-1 (Personnel Qualification Record) section IV (Personal and 
Family Data) item 23 (Place of Birth and Citizenship) as TX and item 25 (HOR) shows 
Los Angeles, CA. 

	d.  He was honorably released from active duty on 30 November 1984 and 
transferred to the U.S Army Reserve Group.  His DD Form 214 shows in item 6 (Place 
of Entry into Active Duty) Los Angeles CA. 

	e.  NGB (National Guard Bureau) 22 (Report of Separation and Record of Service, 
shows Record of service in the California Army National Guard (CAARNG) from 13 
August 1986 to his honorable discharge on 3 December 1987. 

4.  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.  Item 6 
(Place of Entry onto active duty) enter the city and state where the Soldier entered 
active duty.  

5.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  The information entered thereon reflects the conditions as they existed at 
the time of separation.  Block 6 states that a Soldier’s initial enlistment contract or 
appointment document is the source for this data, or any approved change by EREC 
(Enlisted Records and Evaluation Center), Enter the city and state where the Soldier 
entered active duty. For overseas addresses include the APO or FPO.

BOARD DISCUSSION:

After review of the application and all evidence, the Board found relief is not warranted.  
The applicant’s contentions were carefully considered.  His initial DD Form 4 shows he 
entered active duty with the contested HOR.  He did not have a break in service during 
his period of military service.  His DD Form 214 shows the contested HOR.

The applicant has not provided sufficient evidence to show he had a break in service of 
1 full day and that his HOR was changed.  The HOR and place of entry into active duty 
entries on his DD Form 214, for the period ending 31 May 2017 were listed in 
accordance with law and regulatory guidance. 
 ?
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.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time states that 
the DD Form 214 is a record of a Soldier's continuous period of active service.  For Item 
6 (Place of Entry onto active duty), enter the city and state where the Soldier entered 
active duty.  For overseas address include the APO or FPO.

3.  AR 601-210 (Regular Army and Reserve Components Enlistment Program), 
paragraph 6-13 states that DD Form 4 establishes a legal relationship between the U.S. 
Government and the enlisted member. Special care will be taken to see that all items 
are correct, without strikeover. 

	a.  After MEPS (Military Entrance Processing Station) personnel complete 
appropriate section, applicant will be returned to guidance counselor with DD Form 4 for 
review and signature.

	b.  After guidance counselor signs and certifies accuracy of all actions taken, and 
accepts applicant for DEP, RA, USAR, or ARNG enlistment, applicant returns to MEPS 
for completion of processing and enlistment.

	c.  After taking oath of enlistment, applicant and enlisting officer sign DD Form 4. A 
copy is given to the enlistee for personal records.

	d.  For applicants entering on AD from the DEP, MEPS types in all required data and 
sends applicant to the guidance counselor.

	e.  Guidance counselor reviews all forms, verifies eligibility for AD, ensures that any 
changes in applicant’s status are properly documented, witnesses applicant’s signature, 
and then signs and accepts applicant for RA enlistment.

	f.  After taking oath, applicant signs and the enlisting officer signs.


ABCMR Record of Proceedings (cont)	 AR20180001417
	
3

1