IN THE CASE OF: 

		BOARD DATE: 14 June 2023

		DOCKET NUMBER: AR20220011147


APPLICANT REQUESTS:  in effect, correction of his DD Form 214, Certificate of 
Release or Discharge from Active Duty, to show he enlisted in the Regular Army 
on 10 February 2010.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149, Application for Correction of Military Record
*	DD Form 214, ending 21 March 2011

FACTS:

1.  The applicant did not file within the 3-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, in effect, he enlisted in the Regular Army (RA) on 10 February 
2010. His DD Form 214 incorrectly shows an entry date of 10 February 2011.

3.  A review of the applicant’s records shows he enlisted in the Missouri Army National 
Guard (MOARNG) on 21 December 2010 for a period of eight years.

4.  His National Guard Bureau Form 22 (Report of Separation and Record of Service 
shows the applicant was discharged from the MOARNG on 9 February 2011, for the 
purpose of enlisting in another component of the U.S. Armed Forces.

5.  A DD Form 4 (Enlistment/Reenlistment Document) shows, on 10 February 2011, he 
enlisted in the Regular Army.

6.  Orders 081-0014, 21 March 2012, published by Headquarters, 1st Infantry Division 
and Fort Riley, Kansas, shows the applicant's reporting date to the Installation 
Transition Center as "21 March 2012". His discharge date is shown as "21 March 2011."

7.  He was discharged on 21 March 2011, due to misconduct, serious offense. His 
DD Form 214 shows in:

*	Block 12a, Date Entered AD This Period, 10 February 2011
*	Block 12b, Separation Date This Period, 21 March 2011 
*	Block 12c, Net Active Service This Period, 1 year, 1 month, and 12 days (This 
calculation is incorrect based on the entries in Block 12a and Block 12b)

8.  The record is void, and the applicant did not provide evidence to show he enlisted in 
the RA on 10 February 2010.

9.  The applicant's Soldier Management System's record shows he was involuntary 
discharged due to misconduct, commission of a serious offense on 21 March 2011.

10.  Regulatory guidance states to enter in Block 12a, the beginning date of the 
continuous period of active duty for issuance of this DD Form 214, for which 
a DD Form 214 was not previously issued. 


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 record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition and available military records, the 
Board noted the applicant’s DD Form 4 shows he enlisted in the Regular Army on 10 
February 2011. The Board determined that there was insufficient evidence of an error or 
injustice to warrant relief in this case. This board is not an investigative body.  The 
Board determined despite the absence of the applicant’s service records, they agreed 
the burden of proof rest on the applicant, however, he did not provide any supporting 
documentation and his service record has insufficient evidence to support the applicant 
contentions regarding his entry to active-duty date. Therefore, the Board denied 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, U.S. 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 Army Board for Correction of Military 
Records (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 (AR) 635-5, Personnel Separations-Separation Documents, states 
a DD Form 214 will be prepared at the time of retirement, discharge, or release from the 
Active Army. The regulation states to enter in Block 12a, Date Entered Active Duty This 
Period, the beginning date of the continuous period of AD for issuance of this
DD Form 214, for which a DD Form 214 was not previously issued.
3.  AR 15-185 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. It is the practice of this Board to not disadvantage an applicant by making the 
situation any worse off for having applied for a correction to their record.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011147


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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