IN THE CASE OF: BOARD DATE: 13 January 2022 DOCKET NUMBER: AR20210012937 APPLICANT REQUESTS: * in effect, correction of Block 7a (Place of Entry into Active Duty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2001 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Record Brief (ORB) * Concurrent Call to Active Duty (AD) Memorandum dated 27 May 1998 * Active Duty Date of Rank Memorandum dated 30 September 1998 * DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) * DD Form 214 effective 28 June 2001 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 her place of entry into AD on her DD Form 214 is incorrect. She was called to AD on 25 June 1998 at Fort Sam Houston, TX. She was in Texas at the time of entry into AD. The error is indirectly impacting her ability to utilize her service benefits in Texas and she was unaware of the error until it was reviewed for the purpose of receiving benefits. 3. The applicant provides: a. The below listed documents to be referenced in the service record: * Officer Record Brief (ORB) * DD Form 214 effective 28 June 2001 b. A memorandum reference Appointment in the U.S. Army Reserve (USAR) with Concurrent Call to Active Duty, dated 27 May 1998, which states the applicant was called to active duty on 28 June 1998 in the active duty grade of captain (CPT). It also indicated the appointment letter, oath, and orders were to be forwarded to the Health Care Recruiter in Montgomery, AL. c. A memorandum reference the Determination of Active Duty Date of Rank, dated 30 September 1998, indicated the applicant’s date of rank was determined to be 25 June 1998 based on the available documents. d. A DA Form 1506 identified the applicant’s inactive time, as well as her active time in the USAR, and listed in Block 3 (Complete Mailing Address) A Company, 187th Medical Battalion, Fort Sam Houston, TX 78234. 4. A review of the applicant’s service record shows: a. A DA Form 61 (Application for Appointment), dated 23 June 1998, shows the applicant applied for appointment as a commissioned officer in the USAR. Block 18 (Permanent Address) shows XXX L__ Road XXX Lot 7, Axxxx, XX 3XXXX. The applicant further listed she was attending Auburn University with an expected graduation date of 9 June 1998. b. Orders A-06-003886, dated 11 June 1998, ordered the applicant to active duty with temporary duty enroute at the AMEDD Center and School in Fort Sam Houston, TX for the purpose of attending the Officer Basic Course with a report date of approximately 28 June 1998. The address listed on the applicant’s orders show XXX L__ Road XXX Lot 7, Axxxx, XX 3XXXX for the applicant and the Health Care Recruiter address in Montgomery, AL 36109. c. She was appointed as a Reserve commissioned officer on 16 June 1998. The address listed on the memorandum is the same as that listed on the DA Form 61. d. The applicant’s ORB lists her home of record at entry into active duty (EAD) as X_____. e. Orders 47-3, dated 16 February 2001, released the applicant from active duty with an effective date of 28 June 2001. f. She was honorably released from active duty on 28 June 2001. Her DD Form 214 shows she completed 3 years and 4 days of active service. It also shows: * Block 7a. (Place of Entry into Active Duty) – Axxxx, XX * Block 7b. (Home of Record at Time of Entry) – XXX L__ Road XXX Lot 7, Axxxx, XX 3XXXX 5. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 6. By regulation (AR 635-5), separation documents must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. The regulation establishes standardized policy for preparing and distributing the DD Form 214. For entries in Block 7a (Place of Entry Into Active Duty) and Block 7b (Home of Record), the regulation states a Soldier’s initial enlistment contract or appointment document is the source for this data. * Block 7a – enter the city and state where the Soldier entered active duty * Block 7b – enter the street, city, and zip code listed as the Soldier’s home of record BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board determined the available evidence is sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board noted the applicant was living in Alabama when her order to active duty was issued, and found she would have entered active duty in Alabama before traveling to Texas to attend the Officer Basic Course prior to reporting to her first assignment. The Board found the entry in block 7a of the applicant's DD Form 214 is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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, United States 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 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). For entries to Block 7a (Place of Entry Into Active Duty) and Block 7b (Home of Record), the regulation states a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by US Army Human Resources Command (HRC). * Block 7a – enter the city and state where the Soldier entered active duty * Block 7b – enter the street, city, and zip code listed as the Soldier’s home of record //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012937 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1