IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20190014711 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 September 1988 to show the date he entered active duty as 31 October 1975. 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 * DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 22 October 1975 * Enlistment/Travel Order Number 214, Armed Forces Examining and Entrance Station, dated 31 October 1975 * U.S. Army Training and Doctrine Command Form 578-R (Individual Training Record), dated 13 December 1975 * Two DA Forms 3078 (Personal Clothing Request), dated 4 November 1975 and 7 January 1976 * Course Completion Roster, Motor Transport Operators Course Class 27-76, dated 13 February 1976 * Special Orders Number 32, Headquarters, Fort Devens, dated 17 February 1976 * Honorable Discharge Certificate, dated 26 June 1978 * DD Form 214 REFERENCES: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. Army Regulation 635-5 (Separation Documents), effective 1 June 1974 and in effect at the time of the applicant's enlistment, prescribed the separation documents that are furnished to individuals who are retired, discharged, or released from active duty. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated a DD Form 214 would be prepared for each member who, while serving on active duty, changed status or component and remained on active duty in the new status (e.g., reenlisted). 4. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. This revision ended the need to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. a. Paragraph 1-4 stated a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. Paragraph 2-5 (Issuance or Reissuance of DD Form 214) stated do not reissue DD Form 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. c. The specific instructions for item 12a (Date Entered Active Duty This Period) stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. d. The specific instructions for item 18 (Remarks) stated to enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4. (Example: Immediate Reenlistments This Period: 761210-791001; 791002-821001.) FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. 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 his DD Form 214 should show the date he entered active duty as 31 October 1975. This error may affect any benefits he should receive. 3. His DD Form 4, dated 22 October 1975, shows he enlisted in the Regular Army on 31 October 1975 for a period of 3 years. 4. He provided supporting documents to substantiate his active duty service during his first term of enlistment from 31 October 1975 through 26 June 1978. 5. On 27 June 1978, he reenlisted in the Regular Army. His DD Form 4, dated 27 June 1978, shows his total active military service as 2 years, 7 months, and 26 days (31 October 1975 through 26 June 1978). 6. His records do not contain his DD Form 214 for period 31 October 1975 through 26 June 1978. 7. He reenlisted in the Regular Army on 30 March 1982 and 31 December 1984. 8. He was honorably discharged on 13 September 1988. His DD Form 214 for this period shows in: * item 12a (Date Entered Active Duty this Period) – 27 June 1978 * item 12c (Net Active Service this Period) – 10 years, 2 months, and 17 days * item 12d (Total Prior Active Service) – 2 years, 7 months, and 26 days * item 18 (Remarks) – Immediate Reenlistment this Period 27 June 1978 through 29 March 1982 and 30 March 1982 through 30 December 1984 BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. When the applicant reenlisted in June 1978, he would have been issued a DD Form 214 for the period of his first enlistment. The Board agreed that, unfortunately, it appears this DD Form 214 was not filed in his record and he did not retain a copy. The Board noted that the regulation governing preparation of the DD Form 214 states a DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. The Board further noted that the regulation states that if no DD Form 214 is available, a statement of service or transcript of military record will be issued. The Board determined that issuing a statement of service covering his first enlistment is the appropriate relief in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a statement of service for the period 31 October 1975 through 26 June 1978. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the date of entry on his DD Form 214 for the period ending 13 September 1988. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014711 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1