IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027603 


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 item 18 (Remarks) of his 30 March 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his first enlistment as "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 10/26/1998 TO 04/30/2020 [sic]."

2.  The applicant states he believes this was overlooked by the administrative personnel when issuing his DD Form 214.

3.  The applicant provides the following documents in support of his application:

* DD Form 214, dated 30 March 2004
* Oath of Reenlistment Certificate, dated 1 May 2002
* Honorable Discharge Certificate, dated 30 April 2002
* ABCMR Record of Proceedings, dated 14 September 2000

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.  The applicant's record shows he enlisted in the Regular Army (RA) on 11 May 1984.  He served for 1 month and 18 days and was discharged under the provisions of chapter 11, Army Regulation 635-200 (Personnel Separations), by reason of entry-level performance and conduct.  The DD Form 214 he was issued at the time shows he was separated while in an entry-level status and his service was described as uncharacterized.

3.  The applicant enlisted in the Army National Guard for 8 years on 18 May 1995.  He entered active duty for training on 22 August 1995 and served for 5 months and 19 days until being honorably released from active duty by reason of completion of required service on 10 February 1996.  The DD Form 214 he was issued at the time shows his service was characterized as honorable.

4.  On 15 April 1999, the applicant again enlisted in the RA for 4 years.  His enlistment contract indicates he was not on active duty with the Army National Guard at the time (it shows he was attending community college from August through December 1998).  He served until 30 April 2002 at which time he was honorably discharged for the purpose of immediate reenlistment.  No DD Form 214 was issued for this period of active duty service.

5.  On 1 May 2002, the applicant reenlisted in the RA for 4 years.  He served until 30 March 2004 at which time he was discharged in lieu of trial by court-martial.  The DD Form 214 he was issued shows his service was characterized as under other than honorable conditions (UOTHC).  Item 18 contains the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."  This DD Form 214 also shows in item 12a that he entered active duty on 26 October 1998.

6.  Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

7.  Chapter 2 of Army Regulation 635-200 contains guidance on preparation of the DD Form 214.  The instructions for completing item 18 state it is mandatory to include an entry that indicates whether the Soldier has or has not completed the first full term of service.  It also requires the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)" for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 18 should be corrected by adding an entry documenting his continuous honorable active duty service has been carefully considered and is found to have partial merit.

2.  By regulation, item 18 of the DD Form 214 will contain an entry confirming the continuous period of honorable active duty service for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are separated with less than a fully-honorable characterization of service.

3.  In this case, the evidence of record confirms the applicant enlisted in the RA on 15 April 1999.  He served until being honorably discharged for the purpose of immediate reenlistment on 30 April 2002.  He properly did not receive a DD Form 214 for this period of enlistment.  On 1 May 2002, he reenlisted for 4 years and was ultimately discharged UOTHC on 30 March 2004.  Therefore, it would be appropriate to add the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19990415 UNTIL 20020430" to document completion of his first RA enlistment.

4.  There is no evidence of record to show the applicant entered active duty on 26 October 1998.  To the contrary, his 15 April 1999 enlistment contract indicates he was not on active duty at that time and did not enter active duty until he enlisted in the Regular Army on 15 April 1999.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his 30 March 2004 DD Form 214 by adding the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19990415 UNTIL 20020430."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to credit for enlistments prior to 15 April 1999.



      ____________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)                                         AR20100027603



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ABCMR Record of Proceedings (cont)                                         AR20100027603



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