| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Hubert O. Fry, Jr. | Member |
2. The applicant requests, in effect, that he be issued a Certificate of Release or Discharge from Active Duty, DD Form 214, for his first enlistment.
3. The applicant states that his first enlistment was from June 1989 - June 1992 from which he received an honorable discharge. He provides no supporting evidence.
4. The applicant's military records show he enlisted in the Regular Army on 21 June 1989 for 3 years. He was honorably discharged on 17 March 1992 for the purpose of immediately reenlisting on 18 March 1992.
5. On 1 December 1993, the applicant was discharged, with a general discharge under honorable conditions, under the provisions of Army Regulation 635-200, chapter 9 for drug rehabilitation failure. His DD Form 214, item 12a shows he entered active duty that period on 21 June 1989. Item 18 does not contain an entry regarding his initial enlistment.
6. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Effective 1 October 1979, the requirement to prepare a DD Form 214 for a soldier when discharged for the purpose of immediately reenlisting was ended.
7. The current version of Army Regulation 635-5 (not in effect at the time of the applicant's discharge), paragraph 2-4h(18)(b) states that the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is a mandatory entry. Paragraph 2-4h(18)(b)1 states that, routinely, a soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. However, if a soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.
8. The current version of Army Regulation 635-5 also states, in paragraph 2-4h(18)(c), that, for enlisted soldiers with more than one enlistment period during the time covered by this DD Form 214, “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates) will be entered. However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before commencement of current enlistment) will be entered. Then, the specific periods of reenlistments as prescribed above will be entered.
CONCLUSIONS:
1. The applicant was properly not issued a DD Form 214 upon his discharge from his first enlistment because he immediately reenlisted. The requirement to issue a DD Form 214 when an enlisted soldier was discharged for the purpose of immediately reenlisting was ended effective 1 October 1979. Therefore, he is not entitled to issuance of a DD Form 214 for the period 21 June 1989 - 17 March 1992.
2. Because the applicant was not issued a DD Form 214 upon his reenlistment, the DD Form 214 he was issued upon his discharge on 1 December 1993 reflected his entire service and only his last characterization of service, i.e., general under honorable conditions.
3. Because it appears from the only DD Form 214 issued to the applicant that his entire military service was characterized as general under honorable conditions, he may be disadvantaged when it comes to determining eligibility for certain Department of Veterans Affairs (VA) benefits. Therefore, it would be equitable to amend item 18 of his DD Form 214 to reflect the fact he completed his first enlistment and that his discharge from that enlistment for the purpose of immediately reenlisting was honorable as provided for in the current version of Army Regulation 635-5.
4. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.
RECOMMENDATION:
That item 18 of the applicant's DD Form 214 with a separation date of 1 December 1993 be amended to add the remarks, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" and "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 21 JUNE 1989 UNTIL 17 MARCH 1992."
BOARD VOTE:
_ _SAC _ __RWA_ ___HOF__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Samuel A. Crumpler _
CHAIRPERSON
| CASE ID | AR2002077891 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/26 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002072715C070403
The applicant states that he reenlisted on 17 May 2000. The applicant’s military records show that he entered the Delayed Entry Program on 23 July 1997 and enlisted in the Regular Army on 1 October 1997. However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before...
ARMY | BCMR | CY2014 | 20140001252
However, there is no evidence in the applicant's record that shows he ever accepted NJP. The governing regulation also provides for immediate reenlistment entries in Item 18 of the DD Form 214 for Soldiers who have previously reenlisted without being issued a DD Form 214, and who are separated with any characterization of service except "Honorable." As a result, the Board recommends denial of so much of the application that pertains to granting a complete and unconditional discharge...
ARMY | BCMR | CY2006 | 20060011738
The applicant states that he did complete his first full term of service and he reenlisted on 21 August 2003. Therefore, it would be appropriate to amend item 18 on the applicants DD Form 214 to: a. delete the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE; and b. add the entries SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE and Continuous Honorable Active Service From 22 February 2001 Until 20 August 2003, IMMEDIATE REENLISTMENT THIS PERIOD: 22 February 2001 - 20 August...
ARMY | BCMR | CY2007 | 20070011872
The evidence of record shows there are two errors in item 18 of the applicants DD Form 214. He also immediately reenlisted in the Army during the period covering 1 April 2003 2 May 2005 and this information should also be included on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a) amending item 18 on his DD Form 214 to delete the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE; and b)...
ARMY | BCMR | CY2015 | 20150000384
IN THE CASE OF: BOARD DATE: 10 September 2015 DOCKET NUMBER: AR20150000384 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. Paragraph 1-4b(5) of the regulation in effect at the time stated that a DD Form 214 would not be prepared for enlisted...
ARMY | BCMR | CY2002 | 2002070373C070402
The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he did complete his first full term of service. The applicant states that he reenlisted after 2 years. Item 18 of his DD Form 214 contains the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and does not indicate he had an immediate reenlistment.
ARMY | BCMR | CY2010 | 20100007455
The applicant states he reenlisted on 9 November 2009 (in a separate application, he said he reenlisted on 3 April 2009) placing him on his second term. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service and states the following: a. paragraph 2-4h(18)(b) states that the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry. ...
ARMY | BCMR | CY2003 | 2003088057C070403
The applicant states that he never received his DD Form 214. However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before commencement of current enlistment) will be entered. That a DD Form 214 be prepared to record the applicant's service in the Army with a...
ARMY | BCMR | CY2008 | 20080017730
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. The applicant had more than one enlistment period during the time...
ARMY | BCMR | CY2002 | 2002070648C070402
The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show his rank and grade as Specialist, E-4, to add all his training courses, and to add all of his awards and decorations. On 4 February 2002, he was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. His DD Form 214 shows that he had no...