BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130011598 


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, 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, in effect, that his DD Form 214 does not properly show his period of honorable service.  He argues that his period of honorable service runs from the date of his original enlistment on 22 October 2001 through 22 May 2007, the day prior to his court-martial.  He further contends that his DD Form 214 is not properly filed in his Army Military Human Resource Record (AMHRR).

3.  The applicant provides copies of:

* DD Form 214, Veterans Administration - 3 copy
* Administrative Decision, Department of Veteran Affairs (VA), first page only, undated
* Memorandum from Personnel Control Facility, Fort Sill, OK, dated 13 May 2010
* Letter from applicant to United States Army Human Resources Command (HRC) dated 11 March 2013
* DD Form 4 (Enlistment/Reenlistment Document) dated 7 September 2001
* DA Form 3340 (Request for Reenlistment or Extension in the Regular Army, dated 19 January 2005
* DD Form 4, dated 19 January 2005
* DA Form 3340 (Request for Reenlistment or Extension in the Regular Army, dated 12 May 2006
* DD Form 4, dated 12 May 2006
* Honorable Discharge Certificate, dated 11 May 2006
* Oath of Reenlistment, dated 12 May 2006
CONSIDERATION OF EVIDENCE:

1.  A DD Form 4, records copy, dated 7 September 2001, indicates that the applicant enlisted in the United States Army Reserve for a period of 8 years.  His enlistment was in the delayed entry program.  On 22 October 2001, he entered the Regular Army for a period of 3 years giving him an expiration term of service (ETS) of 21 October 2004.

2.  A DA Form 1695 (Oath of Extension of Enlistment), records copy, dated 
3 July 2002, indicates the applicant extended his Regular Army enlistment for a period of 5 months, giving him a new ETS of 21 March 2005.

3.  A DD Form 4, dated 19 January 2005, as provided by the applicant, indicates he reenlisted for another period of 3 years, beginning in the rank of sergeant, pay grade E-5.

4.  A DD Form 4, dated 12 May 2006, indicates the applicant reenlisted for 2 more years, giving him an ETS of 11 May 2008.

5.  Orders 174-210, Fort Bliss, TX, announced the applicant's promotion to staff sergeant, pay grade E-6, effective 1 July 2006.

6.  General Court-Martial Order Number 39, Fort Bliss, TX, dated 14 December 2007, announced the applicant's finding of guilty and sentence to 7 years confinement and a bad conduct discharge.  The sentence was adjudged on 
23 May 2007.

7.  General Court-Martial Order Number 85, Fort Sill, OK dated 24 May 2010, affirmed the sentence.

8.  DD Form 214, as provided by the applicant indicates he was discharged on 
20 July 2010 with a bad conduct characterization of service.  Item 18 (Remarks ) states: "IMMEDIATE REENLISTMENTS THIS PERIOD - - 20011022 -20060511, 20060512-20100720."

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that 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 DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  It requires the following mandatory entry for Soldiers with more than one enlistment and their last enlistment was characterized as anything other than honorable:  "Continuous Honorable Active Service From" (first day of service for which DD Form 214 was not issued( Until (date before commencement of current enlistment).  Then, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify inclusive dates for each period of reenlistment.

10.  Army Regulation 635-200 (Personnel Separations) provides that the characterization of service will be determined solely by the military record during the current enlistment or period of service, plus any extension thereof, from which the Soldier is being separated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his period of honorable service.  He further contends that his DD Form 214 is not properly filed in his AMHRR.

2.  The available evidence clearly shows that the applicant entered the Regular Army on 22 October 2001 and served honorably until 11 May 2006.

3.  On 12 May 2006, he reenlisted for a period of 2 years.  On 23 May 2007, he was adjudged by a general court-martial.  Because characterization of service is determined solely by the military record during the current enlistment or period of service, from which the Soldier is being separated, the entire period of the applicant's last term of enlistment beginning on 12 May 2006 is characterized as bad conduct.

4.  The applicant's DD Form 214 does not show his earlier period of honorable service.  Accordingly, his DD Form 214 should be corrected to show he served honorably from 22 October 2001 to 11 May 2006.  The remaining period of service should continue to be shown as bad conduct.

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 his DD Form 214: Continuous Honorable Active Service from 20011022 until 20060511.

2.  The Board further determined that the evidence presented was 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 showing any part of his service after 11 May 2006 as honorable.




      _______ _  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)                                         AR20130011598





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ABCMR Record of Proceedings (cont)                                         AR20130011598



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