IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120022704
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, he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 11 May 1979 to
28 January 1982 and his character of service be shown as honorable.
2. The applicant states:
a. he should have two DD Forms 214, one from his first tour at Fort Campbell, KY and one from his second tour at Fort Bragg, NC.
b. his DD Form 214 from Fort Bragg, NC states he was immediately reenlisted, but it shouldn't because he was discharged for 24 hours from the Army at Fort Campbell, KY before reenlisting.
c. he recently applied for Department of Veterans Affairs benefits and was told his DD Form 214 showed his character of service was under other than honorable conditions. He explained that this was his second tour of duty and that his first tour was honorable. He should have another DD Form 214 showing an honorable discharge.
3. The applicant provides:
* discharge orders
* diplomas
* certificates/letters of achievement
* letters of commendation
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 on 11 May 1979 for a period of 3 years. He completed his training and was awarded military occupational specialty 13F (fire support specialist). On 28 January 1982, he was honorably discharged for immediate reenlistment. He reenlisted in the RA on 29 January 1982 for a period of 4 years. On 11 January 1983, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, for the good of the service.
3. His DD Form 214 for the period ending 11 January 1983 shows he entered active duty on 11 May 1979 and was discharged on 11 January 1983. Item
18 (Remarks) of this DD Form 214 shows, among other entries, the entry "Immediate Reenlistment this period: 790511 820128."
4. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The version in effect at the time stated that a DD Form
214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he was discharged for 24 hours from the Army before reenlisting, evidence shows he was honorably discharged on
28 January 1982 and he reenlisted on 29 January 1982. There is no evidence which shows he had a 24-hour break in service.
2. His contention he served honorably during his period of enlistment from
11 May 1979 to 28 January 1982, but he does not have a DD Form 214 which shows this prior honorable service, was noted. However, the governing regulation states that DD Forms 214 are no longer issued for immediate reenlistments effective 1 October 1979. The remarks section of his DD Form 214 for the period ending 11 January 1983 shows his immediate reenlistment in 1982, indicating his first enlistment was honorable.
3. Based on the foregoing, there is no basis for granting his request.
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) AR20120022704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022704
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