BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130012895 


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, issuance of an Honorable Discharge Certificate.

2.  The applicant states as an enlistment ends an Honorable Discharge Certificate is issued the following day the reenlistment is signed, establishing two different time periods and separation which the Army acknowledges through the certificate.  Within the time period given a certificate is issued or the member would not be able to reenlist for an additional time period.  He recently discovered this error and wishes to have the correction noted and processed for his benefit and other veterans possibly with the same process.

3.  The applicant provides of copies of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), the first page of his Department of Veterans Affairs Rating Decision, and a completed DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).

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 enlisted in the U.S. Army Reserve (USAR) on 20 January 1989. He was ordered to active duty for training (ADT) and entered AD on 16 November 1989.  He completed training and was awarded military occupational specialty (MOS) 71G (patient administrative specialist).  He was released from ADT on 30 June 1989 and was transferred to a Reserve unit.  He was issued a DD Form 214 showing he completed 4 months of net active service.  His service was uncharacterized.

3.  He provided a copy of a DD Form 4/1 which shows he enlisted in the Regular Army (RA) on 16 November 1990.

4.  His record contains a DD Form 4/1 which shows he reenlisted in the RA on 7 July 1995.  There is no evidence he was issued a DD Form 214 for his period of AD from 16 November 1990 through 6 July 1995.

5.  He was discharged from active duty (AD) in pay grade E-1 on 13 June 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 10, for the good of the service – in lieu of trial by court-martial.  His service was characterized as under other than honorable conditions. 

6.  His DD Form 214 lists in:

* Item 12a (Date entered AD This Period) - 16 November 1989
* Item 12b (Separation Date This Period) – 13 June 1996
* Item c (Net Active Service This Period) – 6 years, 6 months, and 28 days

7.  He also provided a copy of the first page of his VA Rating Decision, dated 20 February 2007, which stated an administrative decision on his character of discharge noted for the periods 16 November 1989 through 15 November 1995 and 16 November 1995 through 13 November 1996 was considered a bar to all benefits.

8.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  The regulation stated in:

   a.  Paragraph 3–1 - in accordance with Title 10, U.S. Code, section 1168, a discharge certificate or certificate of release from active duty (DD Form 214) would be given to each Soldier of the Army upon discharge from the Service or release from active duty when they are honorably discharged.  Only the honorable characterization could be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training.  A discharge certificate, based on the character of service rendered, would be issued to the Soldier concerned per Army Regulation 635-5 (Separation Documents).

   b.  Paragraph 16-3 - Reserve Component Soldiers who enlist in the RA would be discharged.  Soldiers so discharged would be enlisted or reenlisted on the day following discharge.  The discharge certificate would not be delivered to the Soldier until after enlistment or reenlistment was accomplished.  The service of a Soldier discharged per that paragraph would be characterized as honorable.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from AD.  Paragraph (b)1 of the regulation specifies a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.  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 date of service which the DD Form 214 was not issued) until (date before commencement of current enlistment).  

DISCUSSION AND CONCLUSIONS:

1.  As a member of the USAR, the applicant entered on ADT, completed training, and was released from ADT on 30 June 1989.  He was transferred to a Reserve unit.  He was issued a DD Form 214 for this period of AD and his service was uncharacterized.

2.  He enlisted in the RA on 16 November 1990.  He reenlisted in the RA on 7 July 1995.  There is no evidence he was issued a DD Form 214 for these periods of service and he should have been.  On 13 June 1996, he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial.  His service was characterized as under other than honorable conditions.

3.  In accordance with governing regulations only an honorable characterization could be awarded a Soldier upon completion of his/her period for which called or ordered to active duty for training and USAR Soldiers who enlist in the RA would be discharged and would be enlisted or reenlisted on the day following discharge.  The service of a Soldier discharged would be characterized as honorable.

4.  In view of the foregoing, he is entitled to the issuance of an Honorable Discharge Certificate for each period of service from 20 January 1989 through 
15 November 1990 and 16 November 1990 through 6 July 1995 and correction to his DD Form 214 ending on 13 June 1996 to show the following entry, "Continuous Honorable Active Service From – 16 November 1990 through 6 July 1995" in item 18.  

BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding to item 8 of the applicant's DD Form 214 ending on 13 June 1996 the following entry, "Continuous Honorable Active Service From – 19901116-19950706" and issuing him a document that shows this correction.
* issuing him an Honorable Discharge Certificate for his USAR service from 
20 January 1989 through 15 November 1990 and his RA service from 
16 November 1990 through 6 July 1995




      _______ _ 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)                                         AR20130012895



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ABCMR Record of Proceedings (cont)                                         AR20130012895

   
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