ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:   29 September 2020DOCKET NUMBER:  AR20200001600 


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show to she was discharged on 7 May 1999. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record) with personalstatement

.DD Form 214



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states her discharge date is incorrect due to a typographical error.

3.On 18 September 1997, she enlisted in the Regular Army for a period of three years.She was assigned to Fort Jackson, SC, for Basic Combat Training (CT).  Her recordcontains:

a.Separation documents which show the commander, 120th Adjutant GeneralBattalion (Reception), recommended she be discharged in accordance with Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), chapter 13,  
on 30 April 1998.  

b.A DD Form 2648 (Preseparation Counseling checklist For Active Component(AC), Active Guard Reserve (AGR), Active Reserve (AR), Full Time Support (FTS), and Reserve Program Administrator (RPA), Service Members), dated 7 May 1998, which shows the applicant acknowledged that her expected separation date was 7 May 1998. 

c.Partial orders assigning her to the Transition Point, Fort Jackson, SC.  Theseorders show her discharge date as "7 May 1998."  
4.The applicant was discharged on 7 May 1998 and this date is recorded in
Item 12b (Separation Date this Period) of her DD Form 214.

5.Her record is void of, and she did not provide, documents showing she served in themilitary after 7 May 1998.

6.Regulatory guidance states to enter the Soldier's transition date in Item 12b of theDD Form 214.

BOARD DISCUSSION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  The applicant’s official record is void of evidence that the applicant served on active duty after 7 May 1998.  The preponderance of evidence in the applicant’s record indicates that the applicant was discharged on 7 May 1998.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 


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. 


X CHAIRPERSON

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 forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the Army Board for Correction ofMilitary Records (ABCMR) to excuse an applicant's failure to timely file within the 3 yearstatute of limitations if the ABCMR determines it would be in the interest of justice to doso.

2.Army Regulation 635-5 (Personnel Separations-Separation Documents), in effect atthe time, prescribed the separation documents prepared for Soldiers upon retirement,discharge, or release from active military service or control of the Army.  It establishedstandardized policy for the preparation of the DD Form 214.  The regulation stated -

a.The DD Form 214 was a synopsis of the Soldier's most recent period ofcontinuous active duty.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. 

b.Enter in Item 12b (Separation Date This Period) the Soldier's transition date.

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