ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
 
	BOARD DATE:  3 February 2022

	DOCKET NUMBER:  AR20210009844

APPLICANT REQUESTS:  correction of the entry date on his DD Form 214 (Certificate 
of Release or Discharge from Active Duty) to show 5 May 1990 instead of 5 May 1992.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record), 26 August 2020

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, 
U.S. 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 the entry date on his DD Form 214 shows 5 May 1992; his entry 
date should be corrected to show 5 May 1990. He began basic training on 5 May 1990 
at Fort Dix, NJ. He needs a service form to show his qualification for a Department of 
Veteran Affairs home loan. His military pay and tax records should show his time in 
service.

3.  On 20 April 1992, the applicant enlisted in the United States Army Reserve USAR), 
Delayed Entry Program (DEP). On 5 May 1992, he was discharged from the DEP and 
enlisted in the Regular Army (i.e., entered active duty). 

*	he enlisted for military occupational specialty (MOS) 98X (Linguist) with training 
at the Defense Language Institute 
*	His DD Form 4 (Enlistment/Reenlistment Document) does not show any prior 
service.

4.  His DA Form 2-1 (Personnel Qualification Record) shows, in part, in item 35 (Current 
and Previous Assignments):

*	he completed basic combat training from 13 May 1992 to 10 July 1992
*	he was assigned to the Defense Language Institute for completion of language 
training but did not complete training 
*	he was assigned to Fort Sam Houston, TX, to complete training in MOS 91J 
(Physical Therapy), but he did not complete training and was dropped on 
16 August 1993

5.  On 23 September 1993, he was honorably discharged from active duty for 
unsatisfactory performance. His DD Form 214 shows he completed 1 year, 4 months, 
and 19 days of net service. His DD Form 214 shows in item 12a (Date Entered Active 
Duty this Period) – 5 May 1992.

6.  By regulation (Army Regulation 635-8), the DD Form 214 is a summary of the 
Soldier's most recent period of continuous active duty. The information entered thereon 
reflects the conditions as they existed at the time of separation. For item 12a, enter the 
beginning date of the enlistment period or tour for which a DD Form 214 was not issued.


BOARD DISCUSSION:

1.  After reviewing the application and the applicant's service records, the Board found 
relief is not warranted.

2.  The Board found no evidence supporting the applicant's claim that he entered active 
duty on 5 May 1990.  His service records clearly show he entered active duty on 5 May 
1992, which is the entry date recorded on his DD Form 214.  The Board determined the 
entry date on his DD Form 214 is not an error.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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 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 635-8 (Separation Processing and Documents) prescribes policy 
and procedural guidance relating to transition management. It consolidates the policies, 
principles of support, and standards of service regarding processing personnel for 
transition. Paragraph 5-6 (Rules for completing the DD Form 214) provides detailed 
instructions for data required in each block of the DD Form 214. For item 12a, enter the 
beginning date of the enlistment period or tour for which a DD Form 214 was not issued.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210009844