BOARD DATE:	26 November 2013

		DOCKET NUMBER:  AR20130004680


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of honorable service.

2.  The applicant states:

* he served honorably from 12 May 1983 to 12 May 1987 – his record should reflect this
* he reenlisted on “12 December” 1987 – his second period of service was under other than honorable conditions
* currently, he has only one DD Form 214 that shows both periods of service; however, it characterizes his service as under other than honorable conditions
* in order to receive his Veteran's preference, he needs a DD Form 214 and/or DD Form 215 that shows he had honorable service

3.  The applicant provides no additional evidence in support of his request.

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 12 May 1983.  He completed training and was awarded military occupational specialty 51N (Water Treatment Specialist), which later was redesignated as MOS 77W (Water Treatment Specialist).  The highest rank/grade he attained during his period of military service was specialist four (SP4)/E-4.

3.  Permanent Orders 215-11, issued by Headquarters, I Corps and Fort Lewis on 6 November 1984, awarded him the Army Commendation Medal for meritorious service during the period 10 September 1983 through 17 October 1984.

4.  Permanent Orders 48-7, issued by Headquarters, U.S. Army, Berlin on 
25 April 1986, awarded him the Army Good Conduct Medal (1st Award), for the period 12 May 1983 through 11 May 1986.

5.  On 8 July 1987, the applicant completed a DA Form 3340 (Request for Regular Army Reenlistment or Extension), wherein he requested reenlistment in the Regular Army for a 3-year period.  On 9 July 1987, his immediate commander recommended approval of his request.

6.  On 18 September 1987, he reenlisted in the Regular Army for a 3-year period.

7.  Permanent Orders CSB 72-14, issued by Combat Support Battalion, Berlin Brigade on 21 September 1987, awarded him the Army Achievement Medal for meritorious service during the period 9 December 1984 through 9 December 1987.

8.  Permanent Orders 51-42, issued by Headquarters, 2nd Armored Division, Fort Hood, TX on 29 March 1989, awarded him the Army Good Conduct Medal (2nd Award), for the period 12 May 1986 through 11 May 1989.  It is unclear if this award was approved for presentation or eventually revoked, given its proximity in time to his date of discharge; however, it was filed in his Official Military Personnel File (OMPF), now referred to as the Army Military Human Resource Record (AMHRR).

9.  His discharge packet is not available for review.

10.  On 8 June 1989, he was discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel),  chapter 10, for the good of the service in lieu of trial by court-martial.  

* Item 18 (Remarks) of his DD Form 214 contains the statement "Item 12a: Immediate Reenlistment this Period: 830512 – 870917; 870918 – 890608"
* Item 24 (Character of Service) of his DD Form 214 shows he received an under other than honorable conditions discharge   

11.  Army Regulation 635-5 (Personnel Separations – 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 the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

   a. Paragraph 1-4b(5) of the regulation in effect at the time (emphasis added) stated that a DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.

   b. Paragraph 2-4h(18) of the regulation currently in effect (emphasis added) states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  Subparagraph (c) states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates.  For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he enlisted in the Regular Army on 12 May 1983 and reenlisted on 18 September 1987 without a break in service.  Consequently, he is not authorized separate DD Forms 214 for his initial period of enlistment and subsequent period of reenlistment because DD Forms 214 are not issued when there is no break in service.

2.  Item 18 of his DD Form 214 contains the entry "Immediate Reenlistment this Period: 830512 – 870917; 870918 – 890608."  The evidence of record reveals he reenlisted within the prescribed regulatory time frames and was awarded the Army Good Conduct Medal (1st Award) for his initial term of service.  Additionally, he received the Army Commendation Medal and Army Achievement Medal for meritorious service during the period between his initial enlistment and his subsequent reenlistment.  

3.  It is reasonable to conclude his initial period of service was honorable, given his awards of the Army Good Conduct Medal, the Army Commendation Medal, and the Army Achievement Medal, which he received for meritorious service during the period in question.  Additionally, his immediate commander recommended approval of his request for reenlistment, further lending credence to the conclusion that his initial period of service was honorable.  Accordingly, as a matter of equity, item 18 of his DD Form 214 should be corrected to show his period of continuous honorable active service.

BOARD VOTE:

__x___  ___x_____  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to add the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19830512 UNTIL 19870917."
      
      
      
      
      __________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)                                         AR20100015735



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ABCMR Record of Proceedings (cont)                                         AR20130004680



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