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ARMY | BCMR | CY2012 | 20120006671
Original file (20120006671.txt) Auto-classification: Approved

		
		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006671 


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, additional DD Forms 214 (Certificates of Release or Discharge from Active Duty).  He requests a DD Form 214 for each enlistment period that he completed.

2.  The applicant states his request is based on medical and education reasons.

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

* two DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* two DD Forms 256A (Honorable Discharge Certificates)
* a DD Form 214

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 shows the applicant enlisted in the U.S. Army Reserve (USAR) on 20 June 2003 for a period of 8 years.  He was discharged from the USAR on 27 October 2003 and enlisted in the Regular Army (RA) on 28 October 2003 for a period of 3 years.

2.  A DD Form 4 shows the applicant reenlisted in the RA on 31 October 2005 for a period of 6 years.  On 25 September 2009, he voluntarily extended his 6-year obligation for a period of 4 months to equal 6 years and 4 months.

3.  A DD Form 4 shows the applicant reenlisted in the RA on 15 October 2010 for a period of 3 years.

4.  A DD Form 214 shows the applicant entered active duty this period on
28 October 2003 and he was discharged under honorable conditions on
19 March 2012 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Separations), paragraph 14-12c(2), based on misconduct (drug abuse).

   a.  He completed 8 years, 4 months, and 22 days of active service.

	b.  Item 18 (Remarks) shows, in part, "IMMEDIATE REENLISTMENTS THIS PERIOD - 20031028-20051030, 20051031-20101014."

5.  In support of his request, the applicant provides two Honorable Discharge Certificates that show he was honorably discharged from the U.S. Army on
30 October 2005 and 14 October 2010.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and will be prepared for Soldiers upon release from active duty, discharge, retirement, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Officer/Enlisted Record Brief (ORB/ERB), separation approval authority documentation, separation orders, or any other document authorized for filing in the military personnel record.

	b.  Paragraph 2-1 (Preparing the DD Form 214) states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

   c.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  It shows for item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.

    	(1)  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).

    	(2)  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued separate DD Forms 214 for each enlistment period that he completed.

2.  The evidence of record shows the applicant had three separate periods of enlistment in the RA, as follows:

* enlisted on 28 October 2003, honorably discharged on 30 October 2005
* reenlisted on 31 October 2005, honorably discharged on 14 October 2010
* reenlisted on 15 October 2010, discharged under honorable conditions on 19 March 2012

3.  He was issued a DD Form 214 for the period of service from 28 October 2003 through 19 March 2012.

4.  The evidence of record shows that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.  Thus, the applicant's DD Form 214 correctly shows his period of continuous active service in the RA and he is not entitled to separate DD Forms 214 for his previous periods of continuous active service.

5.  The evidence of record shows that for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "honorable," an entry will be made in item 18 showing the period(s) of their continuous honorable active service up until the date before commencement of the current enlistment.

   a.  Item 18 of the applicant's DD Form 214 does not contain such an entry.

   b.  Therefore, it would be appropriate to correct his DD Form 214 to show his continuous periods of honorable active service.


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 adding to item 18 of his DD Form 214 the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20031028 UNTIL 20101014 (20031028-20051030, 20051031-20101014)."

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 additional DD Forms 214 for each of his continuous enlistment periods in the RA.




      _______ _   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)                                         AR20120006671



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ABCMR Record of Proceedings (cont)                                         AR20120006671



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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