ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20190006985 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 4 March 1988 instead of 1 March 1988. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 29 April 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S Code, 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 his original DD Form 214 and discharge paperwork shows he was discharged from the Regular Army on 4 March 1988. The recent copy of his DD Form 214 shows he was discharged on 1 March 1988. The incorrect DD Form 214 was sent to the Department of Veterans Affairs (VA) Hospital in Houston, Texas. 3. The applicant enlisted in the Regular Army on 4 March 1986. 4. Orders 232-11, issued by the U.S. Army Regional Personnel Center, Kitzingen, Germany on 7 October 1987, shows the applicant was reassigned to the U.S. Army separation transfer point for separation processing effective 3 March 1988. The orders show his date of relief from active duty unless changed or rescinded was 3 March 1988. The orders show upon his release from active duty, he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation. 5. Orders 12-67, issued by the U.S. Army Regional Personnel Center, Kitzingen, Germany on 14 January 1988, amended Orders 232-11 as follows: * As Reads: Reporting date to transition point: 3 March 1988; Date of relief from active duty unless changed or rescinded: 3 March 1988; ETS: 3 March 1988 * How changed: IS AMENDED TO READ: Reporting date of transition point: 1 March 1988; Date of relief from active duty unless changed or rescinded: 1 March 1988; ETS: 1 March 1988 6. The applicant’s record contains an endorsement from the U.S, Army Transition Point, Fort Jackson, South Carolina, addressed to the applicant and dated 20 January 1988, which notified him that his assignment (after separation processing) was changed to read U.S. Army Reserve Control Group (Annual Training) and that his effective date of relief from active duty was 1 March 1988. 7. The applicant's DD Form 214 confirms he was honorably released from active duty on 1 March 1988 at the expiration of his term of service. He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. He completed 1 year, 11 months, and 28 days of net active service this period. 8. A review of the applicant's record fails to reveal an "original" DD Form 214 that shows he was discharged on 4 March 1988. 9. Army Regulation 635-5 (Personnel Separations – Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active duty (REFRAD) or control of the Army. BOARD DISCUSSION: The applicant's separation orders were amended to change his separation date to 1 March 1988, which is the separation date recorded on his DD Form 214. The Board found no evidence of error that would serve as a basis for granting the requested relief. 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): A review of the applicant's record shows his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 1 March 1988, is missing an important entry that may affect his eligibility for post-service benefits. As a result, amend the DD Form 214 by adding the following entry to item 18 (Remarks): * SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE 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 635-5 established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. It stated that Item 12b (Separation Date This Period) will be the date the member actually separates from active duty. ABCMR Record of Proceedings (cont) AR20190006985 4 1