IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100027525
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 he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 4 November 1976 to 3 November 1982 and his character of service be shown as honorable.
2. The applicant states:
* his service from 4 November 1976 to 3 November 1982 was honorable and he never received a DD Form 214 for that period
* his DD Form 214 shows all his service from 1976 until he was discharged in 1985 as under other than honorable conditions
* he is a Federal employee now and they will not give him credit for that period of service because of the way his current DD Form 214 reads
* he believes this is not fair since that period in question was honorable
3. The applicant provides:
* DD Form 214 for the period ending 10 October 1985
* DD Form 214 (Report of Transfer or Discharge) for the period ending 9 March 1972
* Honorable Discharge Certificate, dated 3 November 1982
* letter, dated 13 May 2009, from the Department of the Army
* enlistment contract, dated 4 November 1982
* discharge orders, dated 3 November 1982
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. Having prior active service in the Regular Army (RA), he enlisted in the RA on 5 November 1976 for a period of 3 years. He completed his training and was awarded military occupational specialty 75D (personnel records specialist). On 13 June 1979, he extended his enlistment for a period of 24 months. On 15 May 1981, he extended his enlistment for a period of 12 months. On 3 November 1982, he was honorably discharged for immediate reenlistment. He reenlisted in the RA on 4 November 1982 for a period of 6 years. On 10 October 1985, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service.
3. His DD Form 214 for the period ending 10 October 1985 shows he entered active duty on 5 November 1976 and was discharged on 10 October 1985. Item 18 (Remarks) of this DD Form 214 shows, among other entries, the entry "IMMEDIATE REENLISTMENT THIS PERIOD: 761105-821103."
4. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The version in effect at the time stated that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. His contention he served honorably during his period of enlistment from 4 November 1976 to 3 November 1982, but he does not have a DD Form 214 which shows this prior honorable service was noted. However, the governing regulation states that DD Forms 214 are no longer issued for immediate reenlistments effective 1 October 1979. The remarks section of his DD Form 214 for the period ending 10 October 1985 shows his immediate reenlistment in 1982, indicating his first enlistment was honorable.
2. Based on the foregoing, there is no basis for granting his request.
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) AR20100027525
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027525
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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