| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of his initial enlistment.
APPLICANT STATES: In effect, that he enlisted on 30 March 1988 for a period of 4 years. He contends that the military made a mistake on his records and he should have a DD Form 214 for that honorable period of service. In support of his application, he submits a copy of an undated Veterans Affairs Administrative Decision and a copy of an undated letter of explanation.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 30 March 1988 for a period of 4 years. He served as a cannon crewmember and was honorably discharged on 25 September 1991 for immediate reenlistment. On 26 September 1991, he reenlisted for a period of
3 years. On 1 April 1994, the applicant was dishonorably discharged under the provisions of Army Regulation 635-200, chapter 3, as the result of a general court-martial conviction.
The applicant's DD Form 214 covers the period of service from 30 March 1988 through 1 April 1994.
Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The Board considered the applicant's request that he be issued a DD Form 214 for the period of his initial enlistment. However, the applicant was honorably discharged on 25 September 1991 for immediate reenlistment. The governing regulation states that, effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments. Therefore, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
AAO___ TL______ HBO_____ DENY APPLICATION
| CASE ID | AR2003087788 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030828 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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