BOARD DATE:	  9 February 2012 
		DOCKET NUMBER:  AR20110014808 


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, a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her honorable service before she reenlisted.

2.  The applicant states she served honorably from 8 January 1986 through
22 February 1989.

3.  The applicant provides a copy of her DD Form 214 in support of her request.

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 (RA) on 8 January 1986 for a period of 3 years.  Upon completion of training she was awarded military occupational specialty 94B (Food Service Specialist) and assigned to the
24th Supply and Service Company (Germany).

3.  The applicant was honorably discharged on 22 December 1988 for immediate reenlistment in the RA on 23 December 1988 for a period of 4 years.

4.  She was reassigned to the 525th Adjutant General Replacement Detachment, Fort Lewis, WA with a reporting date of 15 May 1989.

5.  On 3 September 1991, court-martial charges were preferred against the applicant for violation of the Uniform Code of Military Justice (UCMJ), Article 86, for being absent without leave (AWOL) from her unit from 15 May 1989 to 
24 August 1991.

6.  On 3 September 1991, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10.  Her request shows she acknowledged she understood that charges were being preferred against her for violation of the UCMJ for one specification of Article 86 for being AWOL from 15 May 1989 to 
24 August 1991.

	a.  She was advised that she could submit any statements she desired in her own behalf.  The applicant submitted a statement with her request in which she knowingly and willingly declared that she was AWOL from the Army from 15 May 1989 to 24 August 1991.

	b.  The applicant placed her signature on both her statement and her request for discharge.  Her legal counsel also placed his signature on the documents.

7.  On 24 September 1991, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, with the issuance of an under other than honorable conditions discharge, in the rank of private (PV1)/E-1.  

8.  The applicant was discharged accordingly, on 15 October 1991.  Her
DD Form 214 shows she completed 3 years, 5 months, and 17 days of net active service.  It also shows in:

	a.  item 18 (Remarks) that she had continuous honorable active service from 8 January 1986 to 22 December 1988; and
	b.  item 29 (Dates of Time Lost During This Period) that she had lost time from 15 May 1989 through 23 August 1991.  This period of lost time equals
831 days.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It provides that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

	 	(1)  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their respective blocks.

	 	(2)  The instructions also state, in part, enter a list of enlistment periods for which a DD Form 214 was not issued (e.g., "Immediate reenlistments this period (from and through dates).").

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be issued a DD Form 214 for her period of honorable RA service.

2.  The applicant enlisted in the RA on 8 January 1986 and she was honorably discharged on 22 December 1988 for immediate reenlist.  This period of honorable service is correctly recorded in item 18 of her DD Form 214.

3.  The applicant reenlisted in the RA on 23 December 1988 and she was AWOL from 15 May 1989 through 23 August 1991, a total of 831 days. She was discharged under other than honorable conditions on 15 October 1991.  Accordingly, she was issued a DD Form 214 for continuous active service from
8 January 1986 through 15 October 1991.

4.  In view of the foregoing, there is no basis for granting the requested relief.


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 that 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)                                         AR20110014808



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ABCMR Record of Proceedings (cont)                                         AR20110014808



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