IN THE CASE OF: BOARD DATE: 28 June 2023 DOCKET NUMBER: AR20220011989 APPLICANT REQUESTS: in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed two years of active-duty service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 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 he completed two years of active duty service, which is not shown on his DD Form 214. He contends that he took 30 days of leave in conjunction with his separation; however, he was still on active duty. Those 30 days should be included on his DD Form 214. 3. A review of the applicant’s record shows he enlisted in the Regular Army on 3 September 1987 for a period of four years. 4. Orders 143-35, 26 July 1989, issued by 546th Personnel Service Company, Fort Hood, Texas, show the applicant was assigned to the U.S. Army Transition Point on 2 August 1989. These orders also show his discharge date was the same date. 5. On 2 August 1989, he was discharge due to personality disorder. Item 12c, Net Active Service for this Period, of his DD Form 214 shows he completed 1 year, and 11 months of active-duty service for the period. 6. His record is void of active duty service after 2 August 1989. 7. Regulatory guidance states: a. For item 12a, enter 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. b. For item 12b, show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up time lost, or retained on active duty for the convenience of the Government. c. For item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b. 8. ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 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. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The applicant is advised the DD Form 214 shows circumstances as they were on the date prepared. Upon review of the applicant’s petition and available military records, the Board determined there was insufficient evidence of an error or injustice to warrant relief in this case. 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 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5, Separation Documents, in effect at the time, governed the preparation of the DD Form 214. The instructions state: a. For item 12a, enter 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. b. For item 12b, show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up time lost, or retained on active duty for the convenience of the Government. c. For item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b. 3. 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011989 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1