IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130003455
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 his date of entry on his 28 February 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to read 27 January 1984.
2. The applicant states, in effect, he should receive a DD Form 214 for each of his three enlistment periods between 26 May 1978 and 28 February 1986 with only the last one being shown as under other than honorable conditions. The fact that he received an Honorable Discharge Certificate for the two earlier periods shows that an error was made in the date of entry on his 28 February 1986 DD Form 214.
3. The applicant provides copies of his DD Form 214, four Enlistment/ Reenlistment Contracts, two Honorable Discharge Certificates, nine Enlisted Evaluation Reports, a Letter of Appreciation, and three training certificates.
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 Army National Guard on 17 September 1964 and served until 11 November 1969.
3. On 12 November 1969 he enlisted in the Regular Army with immediate reenlistments on 11 October 1974, 26 May 1978, 25 February 1981, and 16 February 1984.
4. The applicant was issued a DD Form 214 at the end of his enlistments on 10 October 1974 and 25 May 1978.
5. The applicant was issued Honorable Discharge Certificates to reflect the end of his two periods of enlistment on 24 February 1981 and 26 January 1984.
6. The applicant was discharged on 28 February 1986 under the provisions of Army Regulation 635-200, chapter 10, under other than honorable conditions. Item 18 (Remarks) of this DD Form 214 contains, in part, the entry, Immediate reenlistments this period: 810225-840126; 840127-880126.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. A DD Form 214 will not be prepared for the enlisted Soldiers discharged for immediate reenlistment in the RA. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. This practice was stopped effective 1 October 1979.
DISCUSSION AND CONCLUSIONS:
1. Effective 1 October 1979, the policy regarding the issue of a DD Form 214 changed. After this date a DD Form 214 would be only be issued if there was a break in service.
2. The applicant's service prior to that change was properly documented on separate DD Forms 214. However, since the applicant did not have a break in service from 26 May 1978 through 28 February 1986, a separate DD Form for each reenlistment period is not authorized. However, those two periods of honorable service are indicated on his last DD Form 214, in the Remarks section, with the entry indicate he reenlisted on 25 February 1981 and 27 January 1984.
3. The fact that the applicant was issued Honorable Discharge Certificates at the time of his immediate reenlistments does not demonstrate an error in the preparation of the 28 February 1986 DD Form 214.
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) AR20130003455
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003455
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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