IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220009373 APPLICANT REQUESTS: correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of her entry and discharge from active service and the correct total active service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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: * she entered the Army on 31 January "1965" * she was discharged on 17 April 1970 * she served on active duty for about 15 months 3. The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows she enlisted in the Regular Army, Women's Army Corps, on 31 January 1969. The DD Form 4 does not show she had prior military service. 4. The applicant's records show her discharge from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 8 (Discharge of Enlisted Women – Marriage, Pregnancy, or Parenthood), was approved on 8 April 1970. 5. The applicant's DD Form 214 shows she was discharged on 17 April 1970 under the provisions of Army Regulation 635-200, chapter 8, section III (Pregnancy). Her DD Form 214 also shows she completed 2 months and 17 days of active service; however, based on her entry date on active duty of 31 January 1969 and her separation date of 17 April 1970, she completed 1 year, 2 months, and 18 days of active service. 6. There is no evidence in the applicant's available records indicating she served on active duty after the separation date shown on her DD Form 214. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record (DD Form 4) shows the applicant enlisted in the Regular Army on 31 January 1969. The DD Form 4 does not show she had prior military service. She was separated on 17 April 1970. Her DD Form 214 erroneously shows she completed only 2 months and 17 days of active service; however, based on her entry date on active duty of 31 January 1969 and her separation date of 17 April 1970, she completed 1 year, 2 months, and 18 days of active service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Blocks 22(a)(1), 22(a)(3), and 22(b) of her DD Form 214 to show 1 year, 2 months, and 17 days. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending the entry date shown on her DD Form 214. 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 (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. 3. 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009373 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1