ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170011890 APPLICANT REQUESTS: to be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), with separation date 1 June 1983. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlistment/Travel Order Number 107-21, dated 21 May 1980 * DD Form 4 (Enlistment/Reenlistment Document –Armed Forces of the United States), dated 20 June 1980 * Enlistment/Travel Order Number 125-3, Armed Forces Examining and Entrance Station, dated 20 June 1980 * Orders 103-1, U.S. Army, White Sands Missile Range, dated 31 May 1983 * DD Form 214, dated 6 January 1984 * DD Form 214, dated 8 December 1988 * DA Form 2-1 (Personnel Qualification Record), dated 4 May 1997 * Applicant Statement to National Archives and Records Administration (NARA), dated 10 July 2005 * Certificate of Military Service, 6 September 2005 * Letter, National Personnel Records Center (NPRC), dated 8 September 2005 * Applicant Statement to Army Review Boards Agency, dated 5 April 2017 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, in effect, the DD Form 214 she was given appears to use her date of reenlistment as her date of entry to active duty. Her first day of active duty was on 20 June 1980 and she reenlisted on 31 May 1983. Her orders show she was "discharged" on 1 June 1983 and "re-enlisted" on 2 June 1983. She was honorably released from active duty on 6 June 1984 and later served an additional period from 30 July through 8 December 1988. She believes her first DD Form 214 does not accurately reflect her dates of total active service. a. She has been informed she should have another DD Form 214 showing the "prior active service" from 20 June 1980 through 1 June 1983. There is not a DD Form 214 of record to show her entire active Army periods of service as being continuous from 20 June 1980 through 6 January 1984. She believes her DD Form 214 should list her period of service as total 3 years, 6 months and 17 days of active duty service. b. The potential error makes here ineligible for benefits that require service of at least three years. She left the Army early on her second enlistment to go to college and become a commissioned officer in the ROTC program. She retired from the National Guard on 31 December 2000 as a grey area retiree and will not draw retirement pay until age 60. She went to a retirement seminar and found out that her DD Form 214 is incorrect and the paperwork she received from the National Personnel Records Center (NPRC) in 2005 does not appear to correct the discrepancy. 3. On 21 May 1980, in connection with the applicant's enlistment into the Regular Army, she enlisted into the United States Army Reserve (USAR), Delayed Entry – Enlistment Program (DEP), on 21 May 1980. 4. On 20 June 1980, the applicant enlisted in the Regular Army and was released from active duty on 1 June 1983. She was issued a certification of service for this period on 6 September 2005. 5. On 2 June 1983, the applicant reenlisted [Immediate] in the Regular Army. She was honorably released from active duty on 6 January 1984 to enter into an officer commissioning training program. Her DD Form 214 shows * Item 7 (Last duty Assignment and Major Command): 259th Military Police Company Service, White Sands Missile Range, NM * Item 11 (Primary Specialty Number Title and Years and Months in Specialty): 93E2R (Meteorological Observer); 3 years, 3 months * Item 12d (Total Prior Active Service): 2 years, 11 months and 12 days * Item 18 (Remarks): Previous Enlistment: 21 May 1980 through 1 June 1983 6. On 30 July 1988, the applicant entered active duty for Active Duty Training (ADT) and was released honorably on 8 December 1988. Her DD Form 214 shows: * Item 4a (Grade, Rate or Rank): Second Lieutenant (2LT) * Item 4b (Pay Grade): O-1 * Item 12d: 3 years, 6 months and 17 days 7. The applicant provides two letters which show her request for separation documents to the NARA and a response from NPRC. The letters she provides show, in pertinent part, she was retired in Alaska Army National Guard on 31 December 2000 after 3 years and 7 months of active duty service in the Army and served an additional 17 years in the Army National Guard. a. She ask to be provided a copy of her missing DD Form 214 because she did not receive a copy when she reenlisted. It is not clear if the reason was that she was stationed on an Air Force Base and the Army personnel did not get the same attention as the nearest Army headquarters personnel or whether the administrative personnel that served them just didn't know it was required to give a DD Form 214 after each period of service. b. The NPRC responded to her request by providing all existing separation documents and a Certification of Military Service for her period of active duty service [20 June 1980 through 1 June 1983] in lieu of the missing separation document to verify her military service. The military service information provided was extracted from her records on file at NPRC and was authorized for official purposes, including application for and adjudication of veterans benefits. 8. The applicant's record is void of a DD Form 214 for her active duty service period from 20 June 1980 through 1 June 1983. The governing regulation at the time of her release from active duty shows a DD Form 214 was not authorized for Soldiers being separated for Immediate Reenlistment into the Regular Army. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. After a complete review of the dates of service, the Board determined that the DD Form 214 of the applicant accurately depicts her military service and no corrections were warranted. 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 635-5 (Separation Documents), in effect at the time, governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued. a. Paragraph 1-4 (DD Form 214) states the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. Requests for copies DD Form 214 after the member's separation will be forwarded to the proper agency maintaining the separatee's DD Form 214. The agency will provide a copy only upon the members written request. ABCMR Record of Proceedings (cont) AR20170011890 0 3 1