IN THE CASE OF: BOARD DATE: 6 January 2009 DOCKET NUMBER: AR20080015617 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period April 1989 through March 1990. 2. The applicant states, in effect, that he completed 11 months of enlisted active duty during the period April 1989 through March 1990 and that he received a DD Form 214 upon completion of Officer Candidate School reflecting 11 months enlisted time as a sergeant. He contends that his DD Form 214 was stolen and that his military records show no record of the DD Form 214. 3. The applicant provides enlistment documents; a certificate of achievement; an Application for Appointment; a memorandum; active duty orders; and an email, dated 24 September 2008. CONSIDERATION OF EVIDENCE: 1. The applicant's enlistment contract shows he enlisted in the Regular Army on 12 April 1989 for a period of 4 years and 17 weeks. 2. The available records do not contain a DD Form 214 for the period ending 28 February 1990. 3. On 1 March 1990, the applicant was appointed a second lieutenant in the U.S. Army Reserve. 4. The applicant is currently serving on active duty in the rank of major. 5. The applicant's Officer Record Brief, dated 23 September 2008, shows he had 11 months of prior service. 6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant enlisted in the Regular Army on 12 April 1989 and it appears he was discharged on 28 February 1990. Although there is no DD Form 214 for this period on file in his record, administrative regularity is presumed. However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served in the Regular Army from 12 April 1989 through 28 February 1990. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 issuing him a Transcript of Military Record to show he served in the Regular Army from 12 April 1989 through 28 February 1990. 2. The Board further determined that 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 issuing him a DD Form 214 for the period April 1989 through March 1990. _______ xxx _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080015617 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015617 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1