ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190005649


APPLICANT REQUESTS:  in effect, that item 12b (Separation Date this Period) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  his 
DD Form 149 (Application for Correction of Military Record).

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 was discharged in 1982 and his DD Form 214 incorrectly 
lists his separation date as 1979.

3.  On 3 November 1978, he enlisted in the Regular Army.

4.  His DA Form 2-1 (Personnel Qualification Record) shows he was absent without 
leave (AWOL) from 2 August 1979 through 14 September 1979 (44 days).

5.  After being AWOL in excess of 30 days, he was dropped from the rolls (DFR) on 
31 August 1979.  On that same day court-martial charges were preferred against the 
applicant for departing AWOL on 2 August 1979 and remaining in that status. 

6.  On 15 September 1979, the applicant was apprehended by civilian authorities in 
Newburgh, New York, and returned to military control.

7.  The applicant was discharged in accordance with chapter 10, Army Regulation 635-
200 (Personnel Separations-Enlisted Personnel), by reason of conduct triable by court 
martial on 7 November 1979.  His service was characterized as under conditions other 
than honorable.  The applicant was unavailable for signature.

8.  The available record is void of military service after 7 November 1979.
9.  The regulation governing the preparation of the DD Form 214, states the separation 
date listed in item 12b of the DD Form 214 will be taken from the separation orders, 
DA Form 2-1, or any other available records.

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, the nature of his misconduct, the reason for his separation and his discharge 
prior to the completion of his term of enlistment.  The Board found no evidence of 
additional active duty service and the applicant provided none.  The Board determined, 
based on a preponderance of evidence, that the date of his separation recorded on his 
DD Form 214 was not in error or unjust. 

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.




		  
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), in effect at the time, governed the 
preparation of the DD Form 214.  The instructions state for item 12b, show the Soldier's 
separation date as reflected on the separation orders, DA Form 2-1, or any other 
available records.


ABCMR Record of Proceedings (cont)	 AR20190005649
	
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