IN THE CASE OF: 

		BOARD DATE:  14 February 2022

		DOCKET NUMBER: AR20210013304


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
Active Duty) by adding the entry "Section 8" in item 9c (Authority and Reason). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
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, 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 item 9c of his DD Form 214 should specify "Paragraph 5-31, 
Army Regulation 635-200, Section 8". He contends that the original DD Form 214 
issued to him upon his separation specified the reason for discharge as "Section 8." 
However, that entry was omitted on the copy of the DD Form 214 he recently obtained 
from the National Archives.

3.  The applicant enlisted in the Regular Army on 2 March 1977.

4.  The applicant's record shows that on 30 March 1978, his immediate commander 
informed him he was initiating action to discharge him from the Army under the 
provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 
chapter 5 (Separation for Convenience of the Government).

5.  On 3 April 1978, the applicant's commander formally recommended the applicant's 
expeditious discharge. On 4 April 1978, the applicant's expeditious discharge was 
approved by the separation authority. 

6.  The applicant's DD Form 214, obtained from his Official Military Personnel File, 
shows he was discharged on 20 April 1978. The DD Form 214 shows in item 9c the 
entry: "Para [paragraph] 5-31 [Expeditious Discharge Program (EDP)]. Item 9c of the 
DD Form 214 does not contain the entry "Section 8."

7.  A review of the version of Army Regulation 635-200 in effect at the time of the 
applicant's discharge, failed to locate a section titled "Section 8." 

8.  Army Regulation 635-200, chapter 5, Section "VIII," of the version in effect at the 
time, pertains to erroneous enlistments/extensions. 

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 Board carefully 
considered the applicant’s contentions, the military record and regulatory guidance.  
Neither the documentation available for review nor that provided by the applicant 
reveals any reference in support of the request. In the absence of supporting 
documentation, the Board presumed administrative regularity founding that the burden 
of proof had not been met. Based on the preponderance of the documentation available 
for review, the Board determined the evidence presented insufficient to warrant a 
recommendation for 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.

REFERENCES:

1.  Title 10, United States Code, 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 635-200 sets forth the basic authority for the separation of enlisted 
personnel. Chapter 5, paragraph 5-31, of the regulation in effect at the time, provided 
for the discharge of enlisted personnel who had completed at least 6 months but less 
than 36 months of active duty and who had demonstrated that they could not or would 
not meet acceptable standards required of enlisted personnel in the Army. 

3.  Army Regulation 635-5 (Separations Documents), in effect during the applicant's 
active duty service, prescribed the separation documents prepared for Soldiers upon 
retirement, discharge, or release from active military service or control of the Army. It 
established standardized policy for the preparation of the DD Form 214. It states the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
service. It provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.

4.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, 
and administrative instructions regarding an applicant’s request for the correction of a 
military record. Paragraph 2-9 (Burden of Proof) states 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.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210013304


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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