IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100013060
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 to show that he had a break in service of more than 24 hours.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show a break in service between the end of his first enlistment and his subsequent reenlistment on 19 August 2004. He contends that he was out of the service for more than 24 hours and should have a DD Form 214 that shows his first period of honorable service. Because of this error, he cannot obtain medical treatment for his post-traumatic stress disorder.
3. The applicant provides copies of his DD Form 214; DD Form 4 (Enlistment Document), dated 19 August 2004; DD Form 3340 (Request for Reenlistment or Extension in the Regular Army), dated 19 August 2004; and DA Form 3286 (Statements for Enlistment), dated 19 August 2004.
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. On 7 February 2002, the applicant enlisted in the Regular Army for 3 years, establishing his expiration of term of service (ETS) as 6 February 2005. He completed his initial training and was awarded military occupational specialty 92Y (Unit Supply Specialist).
3. On 19 August 2004, the applicant elected to reenlist for 3 years prior to reaching his ETS. His new ETS was established as 18 August 2007.
4. On 5 February 2007, the applicant was discharged under other than honorable conditions in lieu of trial by court-martial under the provisions Army Regulation 635-200 (Personnel Separations), chapter 10. He completed a total of 4 years, 11 months, and 29 days.
5. Item 18 (Remarks) of the applicant's DD Form 214 states he had continuous honorable active service from 7 February 2002 to 18 August 2004.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. A DD Form 214 will not be prepared for Soldiers discharged for immediate reenlistment in the Regular Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he had a break in service of more than 24 hours when he reenlisted on 19 August 2004 and that his DD Form 214 should show his first period of honorable service.
2. The evidence of record clearly shows the applicant immediately reenlisted in the Regular Army without a break in service.
3. The governing regulation prohibits issuance of a DD Form 214 for Soldiers who immediately reenlist in the Regular Army.
4. In view of the above, the applicant's request should be denied.
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 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) AR20100013060
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013060
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005790
The applicant requests that his DD Form 214 dated 16 February 1985 be corrected to reflect his service from 2 December 1965 and all of his service in Vietnam. The applicant states that his DD Form 214 does not reflect that he enlisted on 2 December 1965 nor does it reflect the 30 months he served in Vietnam. His records (other than his DD Form 214 dated 13 July 1979) also fail to show the period(s) he served in Vietnam.
ARMY | BCMR | CY2011 | 20110003023
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in: * Item 12a (Date entered AD this period) the entry 1989 02 09 instead of 1986 02 09 * Item 12c (Net Active Service this period) the entry 0009 11 18 instead of 0012 11 18 * Item 12d (Total Prior Active Service) the entry 0003 00 00 instead of 0003 03 00 2. The applicant provides: * DD Forms 4/1 (Enlistment/Reenlistment Document)...
ARMY | BCMR | CY2008 | 20080016747
In an exchange of email messages between the applicant, the applicant's commander, and his HRC-St. Louis personnel manager, the personnel manager questions the recommendation to disapprove the applicant's request for reenlistment, to which the commander states that he disapproved the exception to policy to reenlist in the AGR program and, as a commander, he is not required by regulation to state his reasons. The evidence of record shows that the applicant entered the AGR program in May 1999...
ARMY | BCMR | CY2006 | 20060011950
The applicant states he wants to appear before the Board. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. The applicant enlisted in the Regular Army on 30 June 1969 and was discharged on 29 July 1971 for the purpose of immediate reenlistment.
ARMY | BCMR | CY2011 | 20110002484
He states that on or about 11 December 2008, he submitted a DA Form 4187 (Personnel Action) requesting release from the AGR Program and enlistment in the Active Component (AC). In email correspondence, dated 15 January 2009, the first sergeant, 412th Engineer Command requested the command process the applicant's request as soon as possible since the applicant was going to ETS on 3 March 2009. The USAR Command official also stated the applicant's second request was incomplete when it was...
ARMY | BCMR | CY2014 | 20140004284
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed her first full term of service. Her record contains a DD Form 4, dated 5 June 2004, showing she reenlisted on that date for a period of 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 18 her DD Form 214 the entry "SOLDIER HAS NOT COMPLETED FIRST FULL TERM OF...
ARMY | BCMR | CY2010 | 20100019042
On 30 January 1980, she reenlisted at Fort Eustis for a period of 3 years. 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. 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.
ARMY | BCMR | CY2006 | 20060014344C070205
The applicant requests, in effect, that he be allowed to take his accrued leave, of 58.5 days. The evidence of record shows the applicant had 58.5 days of accrued leave at the time of his ETS, 24 April 1983, and had sold 60 days of leave on 28 April 1980, 3 days after his immediate reenlistment. At the time of his reenlistment, the applicant should have been informed that he was only entitled to receive payment for no more than 60 days of accrued leave during a military career and that...
ARMY | BCMR | CY2008 | 20080015659
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 13 February 1973 be corrected to reflect that he entered the service on 12 January 1960. He was advanced to the pay grade of E-4 on 19 January 1962 and on 11 January 1963, he was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214 on that date. Therefore, the Board determined that the overall merits of this case are insufficient as a...
ARMY | BCMR | CY2013 | 20130008777
The advisory official recommended disapproval of the applicant's request and stated: a. HRC has reviewed the applicant's request and determined his DOR to be correct in accordance with regulatory guidance pertaining to prior service enlistment grades. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states in: a. paragraph 316 (Authorized enlistment pay grade determination), that the pay grade on enlistment into the RA will be determined under paragraph 317 and...