IN THE CASE OF: BOARD DATE: 23 June 2023 DOCKET NUMBER: AR20220012097 APPLICANT REQUESTS: a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on or about 3 August 1985. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). 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 either did not receive his DD Form 214 upon separation or he misplaced it. His DD Form 214 is needed to receive Department of Veterans Affairs benefits. 3. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), 4 June 1981, shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 4 June 1981 for a period of 6 years and a commitment to enlist in the Regular Army on 4 August 1981 for a period of not less than 4 years. 4. Armed Forces Examining and Entrance Station, Columbus, Enlistment/Travel Order Number 157-12, 4 August 1981, shows he was discharged from the USAR effective 3 August 1981 and enlisted in the Regular Army effective 4 August 1981. 5. Headquarters, 25th Infantry Division, Order 154-132, 3 June 1985, reassigned him to the U.S. Army Separation Transfer Point for separation processing with a date of relief from active duty of 3 August 1985. His expiration term of service is shown as 3 August 1985. 6. Item 38 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows, in part: * 4 June 1981 – Service Member Not on Active Duty, Delayed Entry Program * 4 August 1981 – Enlistment * 2 August 1985 – Release from Active Duty 7. His available service records do not contain his DD Form 214 covering the period 4 August 1981 through on or about 3 August 1985 (4 years). 8. USAR Personnel Center Orders C-08-038485, 28 August 1985, relieved him from assignment to the USAR Control Group (Reinforcement) and assigned him to a USAR troop program unit. (Note: His voluntary assignment to a USAR troop program unit indicates his active duty service characterization met the requirement for enlistment in the USAR.) BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted the available service records do not contain the applicant’s DD Form 214 covering the period 4 August 1981 through on or about 3 August 1985. The Board determined there is sufficient evidence to grant relief and issue the applicant a DD Form 214 for his active service period. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant’s DD Form 214 covering the period of 4 August 1981 through on or about 3 August 1985 (4 years). 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 635-5 (Separation Processing and Documents), 15 August 1979, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-5 (Issuance or Reissuance of DD Form 214) stated do not reissue DD Forms 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. DA Form 1569 (Transcript of Military Record). a. Principal Purpose. The DA Form 1569 is required when a DD Form 214 is not available. The DA Form 1569 may be used in lieu of a DD Form 214 or statement of service. b. Routine Uses. To the Department of Veterans Affairs: To provide information relating to service, benefits, pension, in-service loans, insurance, and appropriate hospital support, and law enforcement. 4. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record. Paragraph 5-7 (Statement of Service) states a statement of service for retired or separated veterans can be obtained by submitting a Standard Form 180 (Request Pertaining to Military Records) to the Commander, U.S. Army Human Resources Command, Department 420, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5402, or emailing askhrc.army@us.army.mil. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220012097 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1