IN THE CASE OF: BOARD DATE: 18 June 2021 DOCKET NUMBER: AR20210007491 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 1 April 1975 to show his date of entry as 1 July 1962 or issuance of a DD Form 214 to cover his enlisted service from 1 July 1962 to 21 November 1974. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NA Form 13038 (Certificate of Military Service) 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 (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: a. His DD Form 214 for his enlisted service prior to promotion from Sergeant First Class (SFC)/E7 to Warrant Officer contains an error. Section 15, “date entered active duty this period” was entered as 22 November 1974, rather than 1 July 1962. The document does show over 12 years’ prior service, but the date entered does not reflect that. The same erroneous notation is in section 27, remarks. He requests a new DD Form 214 be entered into the record, and a copy forwarded to him for his records. His Regular Army (RA) service number ended in -137 and could have been but he cannot be certain. d. The DD Form 214 in question was issued at Fort Devens, MA as he left enlisted service and took the rank of Warrant Officer 1 (WO1). He signed that form but did not notice the error noted above. He has enclosed a certification of military service issued by the National Archives Administration, but has no other official documentation in his records to support this request. The archives people found the requisite orders but he no longer has copies. c. He was not familiar at that time with the DD Form 214 and did not notice the error. It was noticed in discussion with a Department of Veterans Affairs (DVA) representative. He believes the correction is important. 3. The applicant’s enlisted service record is not available for the Board’s review. However, his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served as an enlisted member in the Regular Army from 1 July 1962 through 1 April 1975. His highest enlisted rank was SFC/E-7. 4. The applicant was honorably discharged on 1 April 1975. His DD Form 214 shows: * item 15 (date entered active duty this period) as 22 November 1974. * item 16(a) (net active service this period as 4 months, 10 days * item 12(b) (Prior Active Service) as 12 years, 3 months, 21 days * item 12(c) (Total Active Service) as 12 years, 8, months, 1 day * item 27 (Remarks) “discharge for immediate appointment as WO1” and entered active duty 22 November 1974 5. The applicant’s DA Form 2-1 shows he was commissioned as a WO1 on 2 April 1975. 6. The applicant was honorably retired on 31 May 1983. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his total prior active service as 12 years, 8, months, 1 day. 7. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, provided a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from the active Army. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant is advised when members are not able to obtain a copy of their DD Form 214 that a NA Form 13038 is provided by the National Personnel Records Center (NPRC) to accommodate for their period of active service. In this case, the applicant received a NA Form 13038 from the NPRC on 19 February 2019. 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. 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 3 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 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. (1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. (2) Paragraph 2-7 states for item 15 (Date entered active duty this period), enter date in order shown on DD Form 214 using all numerals; e.g., 73 for year, 01 for January. (3) Paragraph 2-7ah states for item 27 (Remarks), the remarks section will be used for entries authorized by HQDA for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks. b. On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007491 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1