ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20180015048 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of discharge as 16 January 1988. SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * copy, DA Form 2A (Personnel Qualification Record), dated 4 June 1986 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, her DD Form 214 does not correctly list her expiration of term of service (ETS). She contends her ETS was 16 January 1986 and her DD Form 214 list her separation date as 5 August 1986. 3. On 17 January 1985, the applicant enlisted into the Regular Army for a period of 3 years. 4. On 25 July 1986, the applicant's commander recommended her separation under the provisions of Army Regulation 600 – 200, Chapter 14, for patterns of misconduct. The appropriate authority approved her separation on 29 July 1986. 5. Orders 150-24, Headquarters, I Corps and Fort Lewis, dated 31 July 1986, show the applicant was reassigned to United States Army Separation Transfer Point with a report and discharge date of 5 August 1986. 6. On 5 August 1986, the applicant was discharged from active duty. Her DD Form 214 shows: * item 12b (Separation Date This Period) – 5 August 1986 * item 26 (Separation Code) – JKM * item 28 (Narrative Reason for Separation) – Misconduct – Pattern of Misconduct 7. The applicant provides a copy of her personnel qualification record, which shows her ETS as date as 16 January 1986. 8. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list is the separation approval authority documentation and separation order. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s period of service, the date and reason of her separation and the information on her DD Form 214. The Board noted that while the applicant did have a three-year obligation, she was administratively separated before her ETS; her DD Form 214 accurately reflects the period of her active duty service. The Board found no evidence of an error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not 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. X X X CHAIRPERSON X 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. ADMINISTRATIVE NOTE(S): Not Applicable 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), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. a. The regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more. b. The regulation provides a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list is the separation approval authority documentation and separation order. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.