BOARD DATE:	3 June 2014

		DOCKET NUMBER:  AR20130017352 


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 correction of his military records as follows: 

   a.  instruct the National Personnel Records Center (NPRC) to keep copies of all Standard Forms (SF) 180 (Request Pertaining to Military Records) beyond the 2-year mark;

   b.  correct his DD Form 214 (Report of Separation from Active Duty) by removing the narrative reason and authority for separation and the reenlistment code from page 1 and adding these items to page 2;
   
   c.  contact D--n M. B----o (DMB) at the NPRC to confirm what he stated is correct; and

   d.  contact the Federal Courthouse, U.S. District Court for Western District of Virginia and ask the Judge to drop his civilian charges.

2.  The applicant states:

   a.  When he was separated in 1975, he signed a Fort Bragg (FB) Form 
“111-R” (i.e., FB Form 117-R, Request/Decline Narrative Reason for Separation). He circled "Decline."  As such, the narrative reason for separation was put on a second copy of his original DD Form 214.  When he went to court, the Government used an altered DD Form 214.  He had not seen a DD Form 214 similar to the one used in court. 

	b.  Someone signed his name on an SF 180 and obtained a copy of his 
DD Form 214 from the NPRC.  The NPRC told him they only keep the SF 180 for 2 years.  He had never requested a copy of his DD Form 214 until 19 January 2012.  The DD Form 214 the unknown individual who obtained his DD Form 214 altered it and gave it to the Government and said he altered it.  During trial, the DD Form 214 that the Government presented to the court was not the one given to him at Fort Bragg, NC when he was discharged. 

3.  The applicant provides:

* his previous application and letter from the Board
* Letter from the Veterans of Foreign Wars of the U.S. Disciplinary Hearing Board, with allied documents
* Copy 2 of his DD Form 214
* Letter, Subject Reason for Separation  
* Court documents and letters
* Separation and Property Settlement Agreement

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for 6 years on 12 May 1972.  He was discharged from the DEP on 27 July 1972 and enlisted in the Regular Army on 28 July 1972. 

3.  On 23 July 1975, he was provided an FB Form 117-R that advised him of his right to request or decline a narrative reason for separation.  He circled the word "request" to the statement "I request/decline a separate document explaining the narrative reason for my separation from the United States Army, a narrative description for my separation, and the reenlistment code."  

4.  He was honorably released from active duty on 25 July 1975 and he was transferred to a USAR unit to complete his remaining service obligation.  He was issued copy 4 (Member) of the DD Form 214 which masked item 9c (Authority and Reason) by drawing a line through this entry. 

5.  Additionally, as a result of his election, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, issued an FB Form 119-R (Reason for Separation) informing him:

* The reason for your separation from active duty on 25 July 1975 was completion of required service
* The authority for your separation is Army Regulation 635-200 (Personnel Separations), chapter 2
* Your reenlistment code is RE-1 which means fully qualified for immediate reenlistment

6.  On 24 June 2013, by letter, the Board’s staff advised him that:

	a.  Service members are given the option of accepting the edited, unedited, or both copies of the DD Form 214 upon separation.  The most important copy of the DD Form 214 for the individual is the "Member 4" copy.  It is the standard form needed to obtain benefits such as the GI Bill or government employment priority.  The "Service 2" copy contains information as to the nature and type of discharge, and the reenlistment code.  This code is used to determine whether or not the service member can reenter military service.  

	b.  For unemployment benefits, Department of Veterans Affairs (VA) benefits, as well as for several other services, the "Member 4" copy is usually needed.  An identical copy to the "Service 2," the "Member 4" copy is provided directly to the service member upon release from active duty.  There is no provision for providing a replacement "Member 4"; however, a request for a replacement will be honored by providing a "Service 2" copy…Other versions of the DD Form 214 include the "Member 1" (deleted version), "Service 7 & 8" (carbon copies of the "Service 2" copy), "Veterans Affairs 3" (sent directly to the VA), and "Department of Labor 5" (provided directly to the U.S. Department of Labor). 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Table 3-1 of the regulation in effect explained the distribution of all copies of the DD Form 214.  Copy 1 is issued to the member; copy 2 is filed in the official record; and copies 3 through 8 are distributed to various entities (such as the Selective Service, Finance Office, Department of Veterans Affairs, State Adjutant General, Recruiting Command, Department of Labor, etc….depending on the Soldier's circumstances). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 28 July 1972 to 25 July 1975.  Upon his separation, he elected a separate document explaining his narrative reason for separation, a narrative description for his separation, and the reenlistment code.  As such, he was issued a DD Form 214 with a line drawn through item 9c as well as a separate document explaining his narrative reason, authority, and reenlistment code.  There is no error on his DD Form 214. 

2.  He confuses the "copies" of the DD Form 214 with "pages."  At the time, a 
DD Form 214 was issued in multiple copies, 1 through 8, each designed for a particular reason and targeting a specific agency.  Copy 2 (Service copy) will always be complete and includes all pertinent data.  Copy 1 (at times called Copy 4), on the other hand, is the member's copy and that is what the applicant received.  When a member can no longer locate their own "Member" copy, a "Service" copy of the DD Form 214 is provided.  

3.  With respect to the SF 180 and keeping it beyond 2 years, this form is not a military record.  It is a National Archives (NARA) record, prescribed by Title 36 of the U.S. Code.  Questions pertaining to this form or its retainability are not within the purview of this Board.  

4.  With respect to contacting at the NPRC to confirm what he stated is correct, the Board corrects records; it is not an investigative agency.  

5.  With respect to the contacting the Federal Courthouse, U.S. District Court for Western District of Virginia and asking the Judge to drop his civilian charges, again, this Board corrects military records.  Such action is not within the purview of this Board.  








BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   x_______   ___
               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)                                         AR20130017352



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ABCMR Record of Proceedings (cont)                                         AR20130017352



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