BOARD DATE:	 20 February 2014 

		DOCKET NUMBER:  AR20130010582 


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, 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:

	a.  His DD Form 214 shows he served one continuous contract when he served two separate contracts.

	b.  He is concerned about his benefits.  He believes his benefits should have been locked in for him from his first contract because he reenlisted as soon as his reenlistment window opened prior to receiving a bad conduct discharge.

3.  The applicant provides:

* self-authored statement
* Honorable Discharge Certificate
* DA Form 3286-60 (Statement for Enlistment – U.S. Army Enlistment Options)

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 he enlisted for 4 years in the Regular Army on 30 August 1989 and he held military occupational specialty 11B (Infantryman).

3.  He was honorably discharged on 29 December 1992 for the purpose of immediate reenlistment.  He was issued an Honorable Discharge Certificate.  However, no DD Form 214 was issued because the Army no longer issued a separate DD Form 214 for each period of immediate reenlistment as of 1 October 1979.  Having completed 3 years, 4 months, and 10 days of total active service, the applicant reenlisted in the Regular Army for 4 years on 30 December 1992.

4.  On 24 January 1996, he was convicted by a general court-martial of aggravated assault with intent to inflict grievous bodily harm on or about 26 September 1995.  He was sentenced to forfeit $300.00 pay per month for 2 months, reduction to the lowest enlisted grade, hard labor without confinement for 60 days, and a bad conduct discharge.

5.  On 19 December 1996, the U.S. Army Court of Criminal Appeals affirmed the approved finding of guilty and the sentence.

6.  General Court-Martial Order Number 130 issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 30 May 1997 shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant's bad conduct discharge duly executed.

7.  He was discharged on 23 June 1997.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) as a result of court-martial with a bad conduct character of service.  This form further shows he completed 7 years, 9 months, and 24 days of creditable military service during this period.  Item 18 (Remarks) shows immediate reenlistments for periods 30 August 1989 through 29 December 1992 and 30 December 1992 through 29 December 1996.

8.  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.

9.  Army Regulation 635-5, chapter 2, contains guidance for preparation of the DD Form 214.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  Item 18 shows mandatory entries and/or entries too long for their respective blocks.  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 30 August 1989 and reenlisted without a break in service on 30 December 1992.  He was discharged by reason of court-martial on 23 June 1997 and he was issued a DD Form 214 that captured his 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, clear-cut 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 30 August 1989 to 23 June 1997, he was entitled to the issuance of one DD Form 214 to capture his active service.

3.  Nevertheless, since he had more than one enlistment during the period covered by this DD Form 214, and since he received a bad conduct discharge, item 18 of this form should have included the statement:  "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19890830-19921229."



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  __X______  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19890830-19921229" to item 18 of his DD Form 214.

2.  The Board further determined 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 him 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)                                         AR20130010582



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ABCMR Record of Proceedings (cont)                                         AR20130010582



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