ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 October 2019

	DOCKET NUMBER:  AR20170009241


APPLICANT REQUESTS:  her DD Form 214 (Certificate of Release or Discharge from 
Active Duty) to reflect all of her military time to include November 1979 to September 
1981

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Records)
*	DD Forms 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 their case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states when she entered the Army her name was (First, Middle, Last) 
X---- X---- X----.  She got married while in the military and her name changed to X__ 
X___ X___, but her current DD Form 214 does not encompass all of her military time.  
She entered the military in November 1979 and she is entitled to military benefits as a 
veteran.  Without this corrective action, it prevents her from using all of her benefits.

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

	a.  She enlisted into the Regular Army on 18 September 1980.  Her DD Form 4 
(Enlistment/Reenlistment Document – Armed Forces of the United States) block 10 
(Agreements) shows her effective date in the Delayed Entry Program (DEP) as 
17 November 1979.

	b.  The applicant was honorably discharged on 31 August 1981, in accordance with 
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 8 -15a 
(pregnancy).  Her DD Form 214 shows in block 12a she completed 11 months and 
14 days of net active service.  Block 12e shows 10 months and 1 day of total prior 
inactive service.
4.  On 31 January 2019, a congressional inquiry was made on behalf of the applicant.

5.  On 1 February 2019, the Army Review Board Agency responded to the inquiry.

6.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation 
Documents), 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Her DD Form 
214 for the period ending 31 August 1981 shows net active service for the active period 
beginning on 18 September 1980, as well as 10 months and 1 day of prior inactive 
service (beginning 17 November 1979).  The Board agreed her separation document 
accurately reflects her record of service as the dates listed on her DD Form 214 shows 
when her “active duty” started and ended.

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 their 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.  
There 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 635-5 (Personnel Separations - Separation Documents), in effect at 
the time, prescribed the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military 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). 

Paragraph 2-4 (12e) (Total Prior Inactive Service) from previously issued DD Forms 214 
and/or ERB/ORB, enter the total amount of prior service, less lost time, if any.  DEP 
time that began on or after 1 January 1985 is not creditable service for pay purposes 
and will not be entered in this block.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20170009241

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