IN THE CASE OF: 

		BOARD DATE: 1 March 2023

		DOCKET NUMBER: AR20220010425


APPLICANT REQUESTS: correction of block 7a (Place of Entry into Active Duty) of her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show where she 
actually entered active duty (requested Place of Entry) instead of the (contested Place 
of Entry).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Orders 169-3-A-428, Headquarters, U.S. Army Fourth Region Reserve Officers' 
Training Command (ROTC) Region, 13 September 1985

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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 she retired from active duty in 2005. Her DD Form 214 shows 
she entered active duty from the contested Place of Entry. However, although she was 
commissioned through the ROTC near the contested Place of Entry, in August 1985, 
she was in a delayed status and did not immediately enter the Army. There are no Army 
posts near the contested Place of Entry so she is not sure how her Place of Entry could 
be as listed. She did not begin active duty until 16 October 1985, when she arrived at 
the Requested Place of Entry. She further states the incorrect information impacts her 
education benefits from the Requested Place of Entry.

3.  On 18 May 1985, the applicant accepted appointment as a Reserve Commissioned 
Officer of the Army Under Title 10, U.S. Code, Section 591, 593, 2104, 2016 and 2107, 
(contested Place of Entry).

4.  Orders 169-3-A-428, Headquarters, U.S. Army Fourth ROTC Region, Fort Lewis, 
WA, 13 September 1985, which lists her home of record (HOR) as the contested Place 
of Entry, and ordered her to active duty for 3 years in the Medical Services Corps 
effective upon her acceptance of appointment in the U.S. Army Reserve. These orders 
directed her to proceed from her current location (HOR) in time to report on 20 October 
1985.

5.  She entered active duty on 16 October 1985. Having sufficient service for retirement, 
on 30 November 2005, she retired honorably. The DD Form 214 she was issued shows 
her place of entry into active duty and HOR at time of entry as the contested Place of 
Entry.

6.  A Soldier's initial enlistment contract or order to active duty is the source document 
for the Place of Entry into 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 ROTC Summer Camp or Gold Bar Recruiting duties). Army National Guard 
and U.S. Army Reserve Soldiers, the active-duty order for this period of service will list 
where the Soldier enters active duty (for example, home address, home station, 
mobilization station, Army installation, and so forth). Normally, this location is the first 
"Report to" lead line listed on the order.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicants petition and available military records the 
Board determined the evidence presented does not demonstrate the existence of a 
probable error or injustice. The Board agreed the applicant was commissioned through 
the ROTC program in Minnesota, based on regulatory guidance The Board found 
insufficient evidence to correct the applicant’s record. Based on this, the Board denied 
relief.

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




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, U.S. 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 635-8 (Separation Processing and Documents) provides the 
policies and procedures for separation documents. It states, in pertinent part, a Soldier's 
initial enlistment contract or appointment document is the source for this data. List the 
street address, city, state, and zip code listed as the Soldier's HOR. For Reserve 
Component Soldiers, the active-duty order lists the Soldier's HOR. HOR is the place 
recorded as the HOR 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 
active service of at least 1 full day, or it is determined by the AHRC to be factually 
incorrect. HOR is not necessarily the same as the legal domicile as defined for income 
tax purposes. Legal domicile may change during a Soldier's career.

3.  A Soldier's initial enlistment contract or order to active duty is the source document 
for the Place of Entry into 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 ROTC Summer Camp or Gold Bar Recruiting duties). Army National Guard 
and U.S. Army Reserve Soldiers, the active-duty order for this period of service will list 
where the Soldier enters active duty (for example, home address, home station, 
mobilization station, Army installation, and so forth). Normally, this location is the first 
"Report to" lead line listed on the order.

4.  The Joint Federal Travel Regulation provides that the HOR is the place recorded as 
the home of the individual at the time of enlistment or induction. There is no authority to 
change the HOR as officially recorded at time of entry into the military service.  
However, there is authority to correct a HOR if erroneously entered on the records at 
that time, and then only for travel and transportation purposes. Correction of the HOR 
must be based on evidence that a bona fide error was made and the HOR as corrected 
must have been the actual home of the individual at the time of entry into the relevant 
period of service. It must not be a place selected for the convenience of the Soldier.
 
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220010425


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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