IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220007216 APPLICANT REQUESTS: * correction of his DD Form 214 (Report of Separation from Active Duty) to show he served two years of active duty * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Honorable Discharge Certificate * Marriage License 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, the date of entry on active duty shown on his DD Form 214 is incorrect. His DD Form 214 shows he served on active duty for one month but he served for two years. 3. The applicant's DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve Delayed Enlistment Program on 28 January 1976 and in the Regular Army on 18 February 1976. Item 9 (Previous Military Service) of his DD Form 4 does not show he had previous military service. 4. On 2 March 1976, the applicant was informed by his company commander that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-39 (The Trainee Discharge Program). The commander cited as the reason for the proposed separation action the applicant's inability to adapt emotionally to military life. 5. The applicant acknowledged notification of the proposed separation action and indicated he did not desire to submit a statement in his own behalf and did not desire to have a separation medical examination. 6. On 3 March 1976, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-39. 7. The applicant's DD Form 214 shows he was discharged on 15 March 1976 under the provisions of Army Regulation 635-200, paragraph 5-39. The DD Form 214 further shows in: * item 15 (Date Entered Active Duty this Period), he entered active duty on 18 February 1976 * item 18a (Net Active Service this Period), he was credited with 28 days of active service * item 18b (Prior Active Service), the entry "00 00 00" 8. There is no evidence in the applicant's available records indicating he entered active duty prior to 18 February 1976. 9. The applicant provided an Honorable Discharge Certificate showing he was honorably discharged from the Regular Army on 15 March 1976. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board found no evidence indicating the applicant served on active duty for any periods other than the period documented on his DD Form 214. The Board determined the period active duty service documented in his record is not an error. ? 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 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-39 of the regulation in effect at the time governed the Trainee Discharge Program. It provided for the separation of service members who lacked the necessary motivation, discipline, ability, or aptitude to become productive Soldiers or who failed to respond to formal counseling. The service member must have: * voluntarily enlisted * been in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty * not completed more than 179 days of active duty on their current enlistment by the date of separation Soldiers could be separated when they demonstrated that they: * were not qualified for retention due to failure to adapt socially or emotionally to military life * could not meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline * demonstrated character and behavior characteristics not compatible with satisfactory continued service 3. Army Regulation 635-5 (Separations Documents), in effect at the time, 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. a. Paragraph 2-9 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 evidence. b. Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007216 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1