IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100028963
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, in effect, separate DD Forms 214 (Certificate of Release or Discharge from Active Duty) for his initial enlistment and subsequent reenlistment.
2. The applicant states, in effect, that:
* his current DD Form 214 characterizes his entire period of service as "bad conduct"
* his initial enlistment from 25 April 2002 through 25 April 2005 resulted in an honorable discharge
* he reenlisted while in Balad, Iraq, and received an honorable discharge for his initial 3-year period of service
* his bad conduct discharge (BCD) was for the period of service between 25 April 2005 and "18 May 2008"
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army (RA) for a
4-year term on 25 April 2002. He completed training and was awarded military occupational specialty 25F (Network Switching Systems Operator/Maintainer).
2. His records show he reenlisted for a 6-year term on 26 April 2005 while serving in Iraq.
3. Permanent Orders 111-009, Headquarters, 50th Signal Battalion, dated 21 April 2005, awarded him the Army Good Conduct Medal (1st Award) for the period 25 April 2002 through 24 April 2005.
4. On 16 May 2008, he was discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 3, as a result of court-martial and was given a bad conduct characterization of service.
* item 12c (Record of Service Net Active Service This Period) of his DD Form 214 shows he completed 4 years, 6 months, and 24 days of net active service during this period of service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal during this period of service
* item 18 (Remarks) of his DD Form 214 contains the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"
5. Army Regulation 635-5 (Personnel Separations 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 the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
a. Paragraph 2-1b(2) states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.
b. Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. It further states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" in item 18. 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 "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.
6. Since 1 October 1979, military personnel discharged for the purpose of immediate reenlistment are no longer issued a separate DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he enlisted in the RA on 25 April 2002 and reenlisted on 25 April 2005 without a break in service. Therefore, he is not authorized separate DD Forms 214 for his initial period of enlistment and subsequent period of reenlistment because DD Forms 214 are not issued when there is no break in service.
2. Item 18 of his DD Form 214 contains the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE," which is incorrect. The evidence of record reveals he reenlisted within the prescribed regulatory time frames and was awarded the Army Good Conduct Medal (1st Award) for his initial term of service; therefore, his DD Form 214 should be corrected to show he completed his first full term of service. Additionally, item 18 should be corrected to show his period of continuous honorable active service and his periods of immediate reenlistment.
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:
a. deleting from item 18 of his DD Form 214 the entry: "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and
b. adding to item 18 the entries:
* "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20020425 UNTIL 20050424"
* "IMMEDIATE REENLISTMENT PERIOD 20050425-20080516"
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 the issuance of separate DD Forms 214 for his first enlistment and subsequent reenlistment.
___________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) AR20100015735
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028963
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