BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021641
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 additional documentation to show his honorable active duty service from 30 April 1979 through 5 January 1983.
2. The applicant states his DD Form 214 should be more elaborate and/or specifically show the honorable discharge he received.
3. The applicant provides no additional documents.
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 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. 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he initially enlisted in the Regular Army on 30 April 1979. He reenlisted on 5 January 1983 for 3 years while serving in Germany in the rank/grade of specialist five (SP5)/E-5.
3. On 17 June 1985, he was discharged under the provisions of Army Regulation 635-200, chapter 10, by reason of for the good of the service - in lieu of court-martial with issuance of an under other than honorable conditions discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows he completed a total of 5 years, 5 months, and
5 days of creditable active service.
4. Item 18 (Remarks) of his DD Form 214 includes the entry "Immediate reenlistment this period: 830105."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.
6. Paragraph 2-4h(18)(c) of the same regulation states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter in item 18 "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)." 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 enter the statement "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service for which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should specifically show his honorable period of active service.
2. The applicant's record shows he initially enlisted in the Regular Army on
30 April 1979 and he reenlisted on 5 January 1983 while serving in Germany. He is not authorized a DD Form 214 for his first enlistment period of service because DD Forms 214 are not issued when there is no break in service.
3. However, the evidence of record shows the applicant had more than one enlistment period during the time covered by his DD Form 214 and he was separated with an under other than honorable conditions discharge. Therefore, his DD Form 214 should be corrected to show his first period of service as honorable.
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:
a. deleting from item 18 of his DD Form 214 the entry " Immediate reenlistment this period: 830105" and
b. adding to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 790430 - 830104//IMMEDIATE REENLISTMENT THIS PERIOD 830105 850617."
___________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) AR20100021641
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ABCMR Record of Proceedings (cont) AR20100021641
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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