IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130006482 


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 the issuance of two separate DD Forms 214 (Certificate of Release or Discharge from Active Duty), one for each period of enlistment.

2.  The applicant states she should have a total of two DD Forms 214 due to her reenlistment on 7 August 2003.  The current DD Form 214 does not show any kind of good service.  This error should be fixed so she can receive benefits.  She had an honorable discharge in August 2003 and she had received the Army Good Conduct Medal.   She believes she is entitled to some kind of benefits based on her first enlistment and it was during this time that she received injuries.  

3.  The applicant provides:

* Multiple certificates of training
* Multiple certificates of appreciation/achievement
* Multiple certificates of completion
* Honorable Discharge Certificate
* Promotion orders and/or certificates of promotion
* Driver Record
* DD Form 214
* Special Court-Martial Orders Number 27



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's records show she enlisted in the Regular Army on 6 January 2000 and she held military occupational specialty 42A (Human Resources Specialist).  

3.  She served in Alaska from on or about 1 June 2000 to on or about 31 May 2003.  She was promoted to private first class/E-3 on 6 January 2001 and specialist/E-4 on 1 December 2001.  

4.  She completed various training courses and received multiple certificates of appreciation and/or achievements.  She was also awarded or authorized the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon. 

5.  Upon completion of her Alaska tour, she was reassigned to Fort Leavenworth, KS, where she was assigned to the 500th Military Police Detachment.  

6.  She was honorably discharged on 7 August 2003 for the purpose of immediate reenlistment.  She was issued an Honorable Discharge Certificate; however, no DD Form 214 was issued because as of 1 October 1979, the Army no longer issued a separate DD Form 214 for each period of immediate reenlistment.  

7.  She executed a 2-year reenlistment in the Regular Army on 8 August 2003.  

8.  On 30 March 2005, she was convicted by a special court-martial and sentenced to a reduction to the lowest enlisted grade, confinement for 5 months and 20 days, and a bad conduct discharge.  

9.  On 7 June 2005, the U.S. Army Court of Military Review affirmed the approved finding of guilty and the sentence.  

10.  Special Court-Martial Orders Number 27, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 9 February 2006, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant's bad conduct discharge duly executed.

11.  She was discharged on 6 October 2006.  Her DD Form 214 shows she was discharged as a result of court-martial in accordance with Army Regulation    635-200 (Personnel Separations) with a bad conduct discharge.  This form further shows she completed 6 years, 4 months, and 23 days of creditable military service during this period and she had lost time from 30 March 2005 to 7 August 2005.  Additionally, her DD Form 214 shows in item 18 (Remarks):

* Member has completed first term of service
* Excess Leave (Creditable for all purposes except pay and allowances) - 425 days: 20050808 - 20061006"
* No entries regarding her reenlistment period

12.  On 3 June 2011, the Army Discharge Review Board reviewed her discharge and determined she was properly and equitably discharged and as such denied her petition for an upgrade of her discharge.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 shows the record of service.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  

14.  Chapter 2 of Army Regulation 635-25 states item 18 shows mandatory entries and/or entries too long for their respective block.  One of these entries pertains to reenlistment.  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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 6 January 2000 and reenlisted, without a break in service, on 8 August 2003.  She was discharged via a 
court-martial on 23 April 2006 and she was issued a DD Form 214 that captured her period of continuous active duty.  

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge.  The Army discontinued the issuance of a separate DD Form 214 for each period of immediate reenlistment in October 1979.  Since the applicant served continuously on active duty from 6 January 2000 to 23 April 2006, she was entitled to the issuance of one DD Form 214 to capture her active service. 

3.  Nevertheless, since she had more than one enlistment period during the time covered by this DD Form 214, and since she received a bad conduct discharge, item 18 of this form should have included two statements:  

* "Immediate Reenlistments This Period 20000106 - 20030807, 20030808 - 20050808" 
* "Continuous Honorable Active Service From 20000106 - 20030807" 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to item 18 of her DD Form 214 the entries: 

* "Immediate Reenlistments This Period 20000106 - 20030807, 20030808 - 20050808" 
* "Continuous Honorable Active Service From 20000106 - 20030807" 
2.  The Board further determined that 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 issuing her a separate DD Form 214 for each period of enlistment. 



      _______ _ 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)                                         AR20130006482





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ABCMR Record of Proceedings (cont)                                         AR20130006482



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