ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  20 May 2019
DOCKET NUMBER: AR20180016544


APPLICANT REQUESTS: that his DD Form 214 (Report of Separation from Active Duty) be reissued to include the awards listed on a DD Form 215 (Correction to DD Form 214) issued in 2014.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* Self-Authored Statement
* Letter, U.S. Army Human Resources Command, dated 28 February 2014
* DD Form 214
   * DD Form 215 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 he wants an accurate copy of his DD Form 214 for display purposes.

3. On 4 February 1971, the applicant enlisted in the Regular Army. He served on active duty through 14 December 1973. During his period of active duty service he served in Vietnam from November 1971 to November 1972.

4. On 28 February 2014, the Awards and Decorations Branch, U.S. Army Human Resources Command, issued the applicant a DD Form 215 correcting his DD Form 214 to show all awards he is authorized.

5. Army Regulation 635-5 (Separation Documents), in effect at the time, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, provide instructions for preparing and correcting the DD Form 214.   After a DD Form 214 is
1. 

authenticated and distribution of the DD Form 214 has been made, errors or omissions on the DD Form 214 will be corrected by issuing a DD Form 215.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contention was carefully considered. Regulatory guidance does not provide for the reissuing of the DD Form 214 when records are corrected with a DD Form 215. Based upon regulatory guidance, the Board agreed there is no error or injustice in this case.

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.


5/28/2019
X 

CHAIRPERSON
Signed  by: 
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, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, provide instructions for preparing and correcting the DD Form 214. After a DD Form 214 is authenticated and distribution of the DD Form 214 has been made, errors or omissions on the DD Form 214 will be corrected by issuing a DD Form 215.