IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110016340
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 his DD Form 214 to show his honorable service.
2. The applicant states he reenlisted twice in the U.S. Army and should have received a DD Form 214 (Certificate of Release or Discharge from Active Duty) after each reenlistment. He has 7 years of honorable service.
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Records show the following enlistments and extensions of enlistment for the applicant:
a. 2 May 1978: Regular Army (RA) for a 3-year period;
b. 8 September 1981: RA reenlistment for a 3-year period;
c. 28 June 1984: RA extension for a 6-month period; and
d. 1 March 1985: RA reenlistment for a 6-year period.
3. The applicant was issued a DD Form 256A (Honorable Discharge Certificate) on 7 September 1981 and again on 28 February 1985.
4. The applicant was discharged on 20 November 1987 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. He completed
8 years, 9 months, and 25 days of creditable active duty service. The DD Form 214 he was issued at the time shows his entire period of service characterized as under other than honorable conditions.
5. Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Immediate Reenlistment this Period: 780502 - 850228."
6. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, provided detailed instructions for completing separation documents, including the DD Form 214. At that time, it stated the DD Form 214 will not be issued for enlisted members discharged for immediate reenlistment in the RA. It further stated for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except Honorable, enter Continuous Honorable Active Service From (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by issuing him a DD Form 214 for each period he reenlisted.
2. The available evidence of record clearly shows the applicant reenlisted in 1981 and 1985 and that he was correctly not issued separate DD Form 214 for these periods of service based on a change to Army Regulation 635-5.
3. However, is appears the required comments to block 18 of his DD Form 214 regarding his prior honorable service was omitted or incomplete on his
DD Form 214. Therefore, his DD Form 214 should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 "Immediate Reenlistment This Period: 780502 - 850228"; and
b. adding to item 18 of his DD Form 214 the entry "Continuous Honorable Active Service From 780502 Until 850228." "Immediate Reenlistment This Period: 780502 - 810907; 810910 - 850228; 850301 - 871020."
2. The Board further determined that 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 issuing him a separate
DD Form 214 for each of his reenlistment periods.
____________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) AR20070015723
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ABCMR Record of Proceedings (cont) AR20110016340
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