IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120022356 


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.  correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of honorable service from 19960213 to 20010808; and

	b.  issuance of a new DD Form 214 vice a DD Form 215 (Correction to
DD Form 214).

2.  The applicant states:

	a.  his request is in accordance with Department of Defense instructions and statutes; and

	b.  since this information reflects a character of service, he is requesting a 
DD Form 214 vice a DD Form 215.

3.  The applicant provides:

* his DD Form 214
* an extract of Department of Defense Instruction (DoDI) 1336.01, Enclosure 3, dated August 2009
* an extract of Title 32, Code of Federal Regulations (CFR), paragraph 45.3 (Policy and Procedures)


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 March 1996 for a period of
3 years.

2.  He reenlisted on:

* 26 February 1999 for 2 years
* 2 May 2000 for 2 years
* 9 August 2001 for 6 years

3.  General Court-Martial Order Number 45, published by Headquarters, Fort Hood, TX, dated 29 June 2007, shows he appeared before a General Court-Martial (GCM) on 14 September 2006.  Contrary to the applicant's plea, he was found guilty of:

	a.  one specification of violating Article 125, Uniform Code for Military Justice (UCMJ) by between on or about 10 April 2001 and 30 June 2003, committing sodomy with a child under the age of 12 years by force and without consent.

	b.  two specifications of violating Article 134, UCMJ by:

		(1)  between on or about 1 July 2004 and 31 July 2004, committing an indecent act upon a female under the age of 16 years by touching her breasts and vagina; and

		(2)  between on or about 10 April 2001 and 30 June 2003, taking indecent liberties with a female under the age of 16 years by showing her pornographic images.

4.  On 31 May 2010, he was dishonorably discharged as a result of court-martial.  He completed 11 years, 6 months, and 1 day of creditable active service.

5.  Item 18 (Remarks) of his DD Form 214 contains the entry "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19960313-1999025, 1999026-20000501, 20000502-20010808, 20010809-20100531."

6.  He submitted an extract of:

	a.  DoDI 1336.01, Enclosure 3, Paragraph j, that states the date entered in Block 12a shall be the date of enlistment for the earliest period of continuous 


active service for which a DD Form 214 was not previously issued.  For Service members who have previously reenlisted without being issued a DD Form 214, 
and who are being separated with any discharge characterization except "Honorable," the following statement shall appear as the first entry in Block 18 on the DD Form 214: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (applicable date) UNTIL (applicable date)."

		(1)  The "from" date shall be the date of initial entry into active duty, or the first day of service for which a DD Form 214 was not previously issued, as applicable.

		(2)  The "until" date shall be the date before commencement of the current enlistment.

	b.  Title 32, CFR, paragraph 45.3 (3), states whenever a DD Form 214 is administratively issued or reissued, an appropriate entry stating that fact and the date of such action will be made in Block 18, Remarks, of the DD Form 214 unless the appellate authority, Executive Order, or Secretarial directive specifies otherwise.

7.  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.  This regulation states in:

	a.  Paragraph 2-4h(18)(c), 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 as prescribed above.

	b.  Paragraph 2-7 states once a DD Form 214 has been issued, do not reissue except for the following reasons:

		(1)  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

		(2)  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215;

		(3)  when two DD Forms 215 have been issued and an additional correction is required;

		(4)  when a DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214, item 18 - Remarks; unless the appellate authority, executive order, or Secretarial directive specifies otherwise; and

		(5)  do not issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 13 March 1996.  He subsequently reenlisted on 26 February 1999, 2 May 2000, and 9 August 2001.

2.  A general court-martial found the applicant guilty of offenses committed between 10 April 2001 and 31 July 2004.  In addition, the evidence of record shows he had more than one enlistment period during the time covered by his DD Form 214 and that he was separated with a dishonorable discharge.  As a result, his DD Form 214 should be corrected to show his period of honorable active service during the period from 13 March 1996 through 1 May 2000.

3.  Regarding issuing a new DD Form 214, regulatory guidance provides the criteria for the preparation of the DD Form 214.  There are provisions in place to record periods of honorable service for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

4.  In view of the foregoing, 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 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 from item 18 of his DD Form 214 the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19960313-19990225, 19990226-20000501, 20000502-20010808, 20010809-201000531," and

	b.  adding to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19960313-20000501//IMMEDIATE REENLISTMENTS THIS PERIOD 19960313-19990225, 19990226-20000501, 20000502-20010808, 20010809-201000531."

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:

	a.  showing he had continuous honorable active service during the period 20000502-20010808; and 

	b.  issuing him a new DD Form 214 vice a DD Form 215 based on the corrective action taken.



      __________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)                                         AR20120022356



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ABCMR Record of Proceedings (cont)                                         AR20120022356



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