ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170013675 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 1982 by adding her initial active duty enlistment entry date on 9 January 1978 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment or Reenlistment Agreement) * DD Form 214 * DD Form 1966 * Enlistment/Travel Order # 129-7 * Enlistment/Travel Order # 1-8 * Basic Combat Training Certificate * Quartermaster School Petroleum Supply Specialist Diploma * Birth Certificate * Military Service Records 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 (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 was not credited for her complete time in service. Her initial date of induction (enlistment) was on 9 January 1978, but her DD Form 214 shows her entry date on 27 August 1979. She states her travel orders reflect her entry on 9 January 1978, and therefore her basic active service date (BASD) and her pay entry base date (PEBD) should be adjusted, and any leave or pay discrepancies should be reviewed, investigated, and corrected. 3. The applicant provides: a. DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) that shows her 27 June 1977 enlistment in the U.S. Army Reserve (USAR) for a period of six years under the name , and social security number . b. DA Form 3286 (Statement for Enlistment) dated 27 June 1977, shows the applicant enlisted for her military occupational specialty (MOS) 76W10 (Petroleum Supply Specialist). c. Enlistment travel order # 129-7, dated 27 June 1977, published by Armed Forces Examining and Entrance Station, Jackson, MS, that shows she enlisted in the USAR. d. DD Form 4, dated 3 January 1978, that shows she enlisted in the Regular Army (RA) for a period of four years under the name , and social security number . e. DD Form 1966 (Application for Enlistment – Armed Forces of the United States). f. Enlistment travel order # 1-8, dated 3 January 1978, published by Armed Forces Examining and Entrance Station, Jackson, MS, that shows she enlisted in the RA. Basic Combat Training date reflected in remarks/special instructions as 9 January 1978. g. Department of the Army Certificate of Training, for the period from 13 January 1978 to 1 March 1978, published by U.S. Military Police School/Training Center, Fort McClellan, AL, that shows the applicant completed her basic combat training. h. U.S. Army Quartermaster School Diploma, dated 20 May 1978, that shows the applicant completed the MOS 76W10 petroleum supply specialist course. 4. A review of the applicant’s service record shows the following: a. The applicant enlisted on 3 January 1978 in the Regular Army (RA). b. DA Form 4187 (Personnel Action), dated 26 April 1978, shows the applicant elected to correct her: * pay entry basic date (PEBD) to 27 June 1977 * Active Duty Start Date (ADSD) to 3 January 1978 c. The applicant was discharged for immediate reenlistment on 26 August 1979. The applicant reenlisted in the RA on 27 August 1979. d. The applicant’s was honorably discharged under provisions of Army Regulation (AR) 635-200, chapter 2 for completion of required service. Her DD Form 214 also reflects in: * Item 12a (Date entered active duty this period) 27 August 1979 * Item 12b (Separation date this period) 27 August 1982 * Item 12c (Net active service this period) 3 years, 0 months, and 1 day * Item 12d (Total prior active service) 1 year, 7 months, and 24 days * Item 18 (Remarks) Retained in service 1 day for the convenience of the government 5. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) provides authority for separation of enlisted personnel upon expiration of terms of service (ETS). 6. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty. 7. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. It explains separation document preparation, distribution, correction, and transition processing. 8. AR 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon a review of the applicant’s DD Form 214, dated 27 August 1982, the Board found that the applicant’s service completed prior to 27 August 1979 as reflected in block 12d (Total Prior Active Service). As a result, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction to the applicant’s record. 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 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel) provides authority for separation of enlisted personnel upon expiration of terms of service (ETS). 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty. 4. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. It explains separation document preparation, distribution, correction, and transition processing. a. Paragraph 5-6 (Rules for Completing the DD Form 214) states for: Item 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service-For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Paragraph 7-1 (Distribution of Records and Documents) states to prepare a memorandum to request DD Form 215 (Correction to DD Form 214) in the event errors are detected on the DD Form 214 after the Soldier’s separation date. 5. AR 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. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170013675 2 1