IN THE CASE OF:   
 
  BOARD DATE: 8 August 2023 
 
  DOCKET NUMBER: AR20230004640 
 
 
APPLICANT REQUESTS:  his date of entry on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the service period ending 20 May 1986 be corrected to reflect 3 April 1979. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Enlistment Travel Order  

• Military Pay Voucher  

• 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 his date entry onto active duty is incorrect and it impacts his receipt of Social Security benefits. 
 
3.  The applicant's available service records are not available for review by the Board. The following information is taken from the documents provided by the applicant. 
 
4.  Armed Forces Examining and Entrance Station, Jacksonville, FL, Enlistment/Travel Order Number shows the applicant enlisted in the U.S. Army Reserve (USAR) on 15 March 1979 for 3 years. He was to return to commence his active service period effective 3 April 1979. 
 
5.  Military Pay Voucher Number 603002 shows a date of entry of 3 April 1979 with a term of enlistment of 36 months. He received $280.00 as a partial casual payment. 
 
6.  The applicant's DD Form 214 provides the following: 
 
• his component is U.S. Army Reserve 

• his rank and grade at separation was captain, O-3 

• his date of entered active duty this period on 7 September 1979 

• his date of separation for this period of 20 May 1986 

• he had 6 years, 8 months, and 14 days of net service this period 

• he had 5 months and 4 days of prior active service (April 1979, if continuous) 

• he had 17 days of prior inactive service 

• completion of the Basic and 1980, Advanced Infantry Officer Courses in 1982, and the Battalion S-1 Course in 1983   


 
7.  The applicant appears to have enlisted in the USAR Officer Training Program as a private on 3 April 1979 and was commissioned an Infantry Officer on 7 September 1979. Upon completion of his enlisted service his enlisted records would have been closed out and he should have received a DD Form 214 for this period 3 April 1979 through 6 September 1979 (5 months and 4 days). There is insufficient documentation for the ABCMR to reconstruct a DD Form 214 for this period or to issue a Statement of Military Service. However, the National Archives and Records Administration as custodian of military records may be able to provide either a copy of DD Form 214 for the service period ending on the 6 September 1979 or create a Statement of Military Service. 
 
8.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty (AD). It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Item 12 (Date Entered AD This Period) states enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5).   
 
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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s service records are not available for review. The available evidence shows the applicant entered active duty as a Reserve commissioned officer on 7 September 1979. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty (AD). The information entered thereon reflects the conditions as they existed at the time of separation. 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. For a commissioned officer, in the 
absence of his active duty orders, the Board found insufficient evidence to determine his date of entry on active duty.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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.2.   
 
  8/8/2023

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 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 Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that 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. 
 
3.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty (AD). It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Item 12 (Date Entered AD This Period) states enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5).   
 
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