IN THE CASE OF:  

		BOARD DATE:  9 March 2020

		DOCKET NUMBER:  AR20180010255


APPLICANT REQUESTS:  with counsel, creation of a DD Form 214 (Certificate of 
Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	10 letters
*	Leave and Earnings Statement
*	DA Form 67-9 (Officer Evaluation Report)
*	Officer Record Brief

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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, subsequent to his military service, he was the victim of theft 
and his military file was stolen.  He requests a copy of his DD Form 214 in order to 
complete business with the State of Texas regarding his son’s education and benefits.

3.  Evidence shows the applicant enlisted as a cadet in the Reserve Officers’ Training 
Corps at College Station, TX, Texas A&M University, on 16 January 1984.

4.  He was commissioned a second lieutenant (2LT) in the U.S. Army Reserve on 8 May 
1987, at College Station, TX, Texas A&M University.

5.  His officer record brief, shows his Basic Active Service Date (BASD), or rather, the 
date he entered active duty, as 9 September 1987.

6.  On 18 April 1988, he was appointed a 2LT in the Regular Army.

7.  He was promoted the rank/grade of Major/O-4 on 1 September 1998.
8.  Evidence obtained from the interactive Personnel Electronic Records Management 
System notes the applicant resigned his commission for miscellaneous/general reasons 
on 2 May 1999 and he received an honorable characterization of service.

9.  The applicant’s Official Military Personnel File does not contain a copy of his         
DD Form 214.  

10.  Army Regulation 635-8 (Separation Processing and Documents) states that a  
DD Form 214 will not be issued to replace copies of the DD Form 214 lost by Soldiers.  
If no DD Form 214 is available, a statement of service or transcript of military record 
should be issued.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, entries in the Personnel Electronic Records Management System, the absence 
of a DD Form 214 in available records and the policy for replacement of DD Forms 214. 
The Board found that the applicant should be provided evidence of his military service.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by providing the applicant 
with a DD Form 214 documenting his record of service or an equivalent statement of 
service or transcript of military record if insufficient records exist to properly create a DD 
Form 214.




		  
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 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 Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-8 (Separation Processing and Documents) states 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 service, and prior inactive 
duty service at the time of release from active duty, retirement, or discharge.  

3.  The above regulation also states that a DD Form 214 will not be issued to replace  
copies of the DD Form 214 lost by Soldiers.  If no DD Form 214 is available, a 
statement of service or transcript of military record should be issued.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180010255


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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