IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090004260
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 removal of the DD Form 214 (Certificate of Release or Discharge From Active Duty), dated 25 January 1986, from his military record.
2. The applicant states, in effect, the DD Form 214 is erroneous. He maintains he has no knowledge of this DD Form 214 as evidenced by the absence of his signature in item 21. Additionally, he maintains that he never had a break in service and reenlisted on 21 January 1986.
3. The applicant provides a copy of his DD Form 214 and Enlistment/ Reenlistment Documents.
CONSIDERATION OF EVIDENCE:
1. The applicantÂ’s records show he enlisted in the Regular Army on 26 January 1982 and through a series of reenlistments was honorably retired on 31 January 2009.
2. The applicant's DD Form 214 in dispute shows that he entered active duty on 26 January 1982 and was separated on 25 January 1986 due to expiration term of service. Item 21 (Signature of Member Being Separated) contains the statement "Member not available to sign."
3. Enlistment/reenlistment documents show the applicant reenlisted on
21 January 1986 for 4 years in the pay grade of E5. He had 3 years, 11 months, and 25 days of total active service at the time of this reenlistment.
4. The applicant's retirement DD Form 214 shows his date of entry on active duty as 26 January 1982 and his date of separation as 31 January 2009. He was credited with 27 years and 5 months of total active service and he was retired in the grade of Command Sergeant Major.
5. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, that the DD Form 214 will not be prepared on enlisted Soldiers discharged for immediate reenlistment in the Regular Army.
DISCUSSION AND CONCLUSIONS:
It is obvious the DD Form 214 with a separation date of 25 January 1986 is incorrect based on the fact that the applicant reenlisted prior to the separation date listed on this form. Additionally, his retirement DD Form 214 covers the same period of time listed on the disputed DD Form 214. Therefore, the applicant's record should be corrected by removing this DD Form 214 from his official military record.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DD Form 214, dated 25 January 1986, from the applicantÂ’s official military record.
_______ _ __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) AR20090004260
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ABCMR Record of Proceedings (cont) AR20090004260
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