IN THE CASE OF: 

		BOARD DATE:  27 March 2014

		DOCKET NUMBER:  AR20130012980 


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 a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he served honorably during his first period of service (27 November 1984-18 September 1987). 

2.  The applicant states that it is an injustice to not have been issued a DD Form 214 reflecting his honorable service for his first period of service.

3.  The applicant provides copies of his Good Conduct Medal Certificate for the period 27 November 1984 to 26 November 1987 and his DD Form 214. 

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 record shows he enlisted in the Regular Army (RA) on 
27 November 1984 and he held military occupational specialty 13B (Cannon Crewmember).  The highest grade he attained was specialist four (SP4)/E-4.  

3.  Permanent orders show he was awarded the Army Achievement Medal for the period 8 April to 4 May 1987, on 26 May 1987, and the Army Good Conduct Medal on 13 November 1987 for the period 27 November 1984 to 26 November 1987.

4.  He reenlisted on 18 September 1987.  No DD Form 214 was prepared for the period of service 27 November 1984 to 17 September 1987.

5.  On 22 March 1990, court-martial charges were preferred against him for:

* one specification of stealing a camera valued at $235, the property of another Soldier
* one specification of wrongfully receiving a camera, valued at about $235, which he knew had been stolen

6.  The applicant consulted with legal counsel and he voluntarily requested discharge in lieu of trial by court-martial.  The applicant's request for discharge stated that by submitting his request for discharge, he acknowledged that he understood the elements of the offense charged and that he was guilty of the charge against him or of a lesser offense which also authorized the imposition of a bad conduct or dishonorable discharge.

7.  The separation authority approved the applicant's request for discharge and directed the issuance of an under other than honorable conditions discharge.

8.  The applicant's DD Form 214 shows he entered active duty on 27 November 1984 and was discharged on 13 April 1990 in accordance with Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial with an under other than honorable conditions (UOTHC) discharge.

	a.  He had completed 5 years, 4 months, and 17 days of net active duty service.

	b.  Item 18 (Remarks) shows, "ENLISTMENT THIS PERIOD:  841127-870918."  

9.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  Paragraph 1-4b(5) of the regulation in effect at the time (emphasis added) stated that a DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.

	b.  For item 18 (Remarks):  This must be the first entry in block 18.  Enter list of reenlistment periods for which a DD Form 214 was not issued, if applicable, e.g., "Immediate reenlistment this period:  761218-701001; 791002-821001."  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except "Honorable," the following statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued, e.g., 761218) Until (date before commencement of current enlistment, e.g., 821010); then enter the specific periods of reenlistments as prescribed above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a DD Form 214 to show he had honorable service from 27 November 1984 to 18 September 1987.

2.  The applicant's record shows he enlisted in the Regular Army on 
27 November 1984 and reenlisted on 18 September 1987 without a break in service.  Consequently, he is not authorized separate DD Forms 214 for his initial period of enlistment and subsequent period of reenlistment because DD Forms 214 are not issued unless there is a break in service.

3.  Item 18 of his DD Form 214 contains the entry, "ENLISTMENT THIS PERIOD:  841127-870918."

4.  The applicant previously reenlisted without being issued a DD Form 214 and was separated UOTHC.  The governing regulation requires the following statement to be the first entry in block 18, of his DD Form 214, "Continuous Honorable Active Service From 841127 Until 870917."  His DD Form 214 should be corrected accordingly. 



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:

   a.  deleting from item 18 of his DD Form 214 the entry, "ENLISTMENT THIS PERIOD:  841127-870918"; and

   b.  adding to item 18 of his DD Form 214 entry  the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 841127 UNTIL 870917."

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 issuing the applicant a separate DD Form 214 for his period of honorable service (27 November 1984-
17 September 1987).



      ____________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)                                         AR20130006112



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ABCMR Record of Proceedings (cont)                                         AR20130012980



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