IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005578
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 issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was honorably discharged after serving from 11 October 1989 to 10 October 1993.
2. He states he served for 8 years. During his second enlistment, he got into some trouble, but his first 4 years of service was honorable. If he had received a DD Form 214 for each period of service, the first would have shown his service was honorable.
3. The applicant provides a letter he received from the Department of Veterans Affairs (VA), dated 28 January 2013.
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. On 11 October 1989, the applicant enlisted in the Regular Army (RA) for a period of 4 years. After completing initial entry training, he was awarded military occupational specialty 31U (Signal Support Systems Specialist).
3. On 8 June 1983, he was honorably discharged for the purpose of immediate reenlistment. On 9 June 1993, he reenlisted in the RA for a period of 3 years.
4. On 22 August 1997, he was discharged with a bad conduct discharge pursuant to the affirmed sentence of a special court-martial. The DD Form 214 he was issued at that time shows in:
* item 12a (Date Entered [Active Duty] This Period) 11 October 1989
* item 12b (Separation Date This Period) 22 August 1997
* item 18 (Remarks), in part "CONTINUOUS HONORABLE ACTIVE SERVICE: 19891011-19930608//IMMEDIATE REENLISTMENTS THIS PERIOD-- 19891011-19930608"
* item 24 (Character of Service) "BAD CONDUCT"
5. He provides a letter from the VA, dated 28 January 2013, informing him that they determined his service from 11 October 1989 to 20 October 1993 was under honorable conditions and that he is entitled to receive VA and health care benefits based upon this period of service.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated:
a. A DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.
b. 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 DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From (first day of service where 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. There is no provision of regulation and no basis for issuing the applicant a separate DD Form 214 to show the period of his initial honorable active service prior to his reenlistment on 9 June 1993.
2. The governing regulation in effect then and currently in effect prohibits issuing a DD Form 214 to Soldiers discharged for immediate reenlistment in the RA.
3. For Soldiers who receive a discharge other than honorable, Army Regulation 635-5 provides for an entry in item 18 listing any periods of continuous honorable active service prior to the current enlistment. His first enlistment contract was terminated when he reenlisted on 9 June 1993. Therefore, in accordance with the governing regulation, his DD Form 214 appropriately includes the statement "CONTINUOUS HONORABLE ACTIVE SERVICE: 19891011-19930608."
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130005578
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