IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120013098
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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued for his first period of honorable service.
2. He states he completed nine years of honorable service and was near completion of his second tour when he was discharged due to a mistake.
3. He provides 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 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. The applicant enlisted in the Regular Army on 25 January 1984 for 4 years. He reenlisted on 27 July 1987 for 6 years. He was discharged on 12 January 1993 after serving 8 years, 11 months, and 18 days of active duty service with an under other than honorable conditions character of service.
3. Item 18 (Remarks) of his DD Form 214 contains the entry "IMMEDIATE REENLISTMENTS THIS PERIOD -- 840125-870726."
4. Army Regulation 635-5 (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 standardized policy for the preparation of the DD Form 214. The regulation states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.
5. Paragraph 2-4h(18)(c) of the same regulation states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter in item 18 "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, then "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's record shows he enlisted in the Regular Army on 25 January 1984 and reenlisted on 27 July 1987. He is not authorized a DD Form 214 for his first enlistment because DD Forms 214 are not issued when there is no break in service.
2. However, the evidence of record shows he had more than one enlistment period during the time covered by his DD Form 214 and was separated with an under other than honorable conditions character of service. Therefore, his DD Form 214 should be corrected to show his first period of service as honorable.
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 the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD -- 840125-870726" and
b. adding to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 840125-19870726//IMMEDIATE REENLISTMENT THIS PERIOD 870727-930112."
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 a DD Form 214 for his first enlistment.
_______ _ __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) AR20120013098
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ABCMR Record of Proceedings (cont) AR20120013098
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