IN THE CASE OF:
BOARD DATE: 16 JUNE 2011
DOCKET NUMBER: AR20100029635
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 separate DD Form 214 (Report of Transfer or Discharge) showing his first enlistment in the Army ended with an honorable discharge.
2. The applicant states, in effect, that he would like some evidence that shows his first period of honorable service for death benefits.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 23 July 1980. He completed training and was awarded military occupational specialty 36K (Tactical Wire
Operations Specialist).
3. On 15 April 1983, the applicant reenlisted for 3 years.
4. On 11 July 1985, he 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 had completed a total of 4 years,
9 months, and 25 days of net active service. He was issued a DD Form 214 for the period 23 July 1980 to 11 July 1985. Item 18 (Remarks) of his DD Form 214 shows the statement "IMMEDIATE REENLISTMENT THIS PERIOD: 800723 TO 830414."
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) in effect at the time of the applicant's discharge for his immediate reenlistment on
15 April 1983, prescribed the separation documents that must be prepared for individuals on retirement, discharge, or release from active military service. Paragraph 1-4 provides that a DD Form 214 will be prepared for all personnel at time of retirement, discharge, or release from the Active Army, except as indicated in subparagraph b, which ended the need to prepare the DD Form 214 for enlisted members who are discharged for immediate reenlistment in the RA.
6. The instructions in the regulation for item 18 (Remarks) stated to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available on the form and for completing entries that are too long for their blocks. When completing a long entry, place the item number before the rest of the comment. It also states, in pertinent part, to enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5), which provides that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA. The instructions provide an example entry (i.e., "immediate reenlistments this period: 761210-791001; 791002-821001").
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant immediately reenlisted in the Regular Army without a break in service. The regulation required a specific statement be entered in item 18 showing the period of service prior to the immediate reenlistment. The required statement is included in his DD Form 214.
2. The governing regulation prohibits issuance of a DD Form 214 for Soldiers who immediately reenlist in the Regular Army.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_________________________
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
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ABCMR Record of Proceedings (cont) AR20100029635
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