IN THE CASE OF:			  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090010740 


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).


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The applicant requests he be issued a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) for his first enlistment.

2.  The applicant states he never received a DD Form 214 for his first enlistment.

3.  The applicant provides, in support of his request, a marked-up copy of his 1984 DD Form 214 and a copy of his 17 March 1981 Honorable Discharge Certificate.

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 Regular Army (RA) on 29 June 1977 and was discharged on 17 June 1981, to immediately reenlist.  He reenlisted the next day. 
3.  He received his final discharge on 16 November 1984.  The DD Form 214 prepared at that time shows the applicant's first enlistment in block 12d as 
3 years, 8 months and 29 days of "Total Prior Active Service."

4.  Army Regulation 635-5 (Discharge Documents) provides in paragraph 
1-4b that, "The DD Form 214 will not be prepared for … (5) Enlisted members discharged for immediate reenlistment in the RA."

DISCUSSION:

1.  The applicant states that he never received a DD Form 214 for his first enlistment.

2.  He was discharged for immediate reenlistment.  The governing regulation specifically precludes the preparation of a DD Form 214 for that situation.

3.  In view of the foregoing there is no basis for granting the applicant's requested relief.

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)                                         AR20090010740



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ABCMR Record of Proceedings (cont)                                         AR20090010740



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