IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009223
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, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the following periods of service:
* 23 January 1978 to 27 July 1980
* 28 July 1980 to 28 April 1983
* 29 April 1983 to 3 June 1986
2. The applicant states that during his period of service he was discharged three times and he needs to provide copies of each DD Form 214 to the Department of Veterans Affairs.
3. The applicant provides no additional evidence.
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. He enlisted in the Regular Army (RA) on 23 January 1978 and he was discharged on 3 June 1986 under other than honorable conditions. He was issued a DD Form 214 which covers this period of service.
3. Item 18 (Remarks) of his DD Form 214 contains the entry "IMMEDIATE REENLISTMENT THIS PERIOD: 830429-860603 800728-830428."
4. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. Effective 1 October 1979, a DD Form 214 would no longer be issued for immediate reenlistments. The regulation in effect at the time, stated to enter a list of enlistment periods for which a DD Form 214 was not issued when the enlisted member was discharged for the purpose of immediate reenlistment in the RA. Example: Immediate reenlistments this period: 761210-791001; 791002-821001.
DISCUSSION AND CONCLUSIONS:
1. Regulatory guidance, in effect 1 October 1979, stated that a DD Form 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date of entry.
2. The evidence of record shows he served on active duty continuously from
23 January 1978 to 3 June 1986. Further, Item 18 of his DD Form 214 shows he had two reenlistments during the period covered by the form. These entries show he had two prior periods of honorable service as one cannot reenlist without first being honorably discharged. His DD Form 214 was correctly prepared in accordance with regulatory guidance in effect at the time of his discharge. Therefore, there is no basis to grant the applicant relief on this matter.
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) AR20130009223
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ABCMR Record of Proceedings (cont) AR20130009223
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