BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016523
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 that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that covers his first period of honorable service, essentially his first enlistment.
2. The applicant states, in effect, that he was notified by officials at the Department of Veterans Affairs (VA) that he should have received a DD Form 214 showing his honorable service during the period 19830309 19880524 instead of being issued one DD Form 214 covering all of his service from 19830309 to 19891215 and discharging him under other than honorable conditions.
3. The applicant provides copies of his Honorable Discharge Certificate dated 24 May 1988, his DD Form 214 dated 15 December 1989, a copy of his resignation from the VA, copies of letters to and from his congressional representative, letters to and from the VA, copies of certificates of training, his VA Rating decision, and his Declaration for Federal Employment.
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 Regular Army on 9 March 1983 for a period of 3 years.
3. On 24 May 1988, he was honorably discharged for the purpose of immediate reenlistment. He reenlisted on 25 May 1988 for a period of 2 years.
4. On 15 December 1989, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c due to misconduct commission of a serious offense. He had served 6 years, 8 months, and 26 days of active service. Item 18 (Remarks) of his DD form 214 shows the entry:
* IMMEDIATE REENLISTMENT THIS PERIOD: 830309 TO 880524
5. On 17 July 1992 he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. After reviewing the available evidence in his case the ADRB determined that the characterization of his discharge was appropriate but that the reason for his discharge should be changed to Misconduct.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It stated the DD Form 214 would be prepared to reflect active service that is performed during the period covered by the DD Form 214. Effective 1 October 1979, this regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours requires that a DD Form 214 be issued from that point and continues presently. Prior periods of service reflected on previously-issued DD Forms 214 will be reflected in the proper blocks designated for prior active and inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been issued a DD Form 214 when he reenlisted in 1988 has been noted and found to lack merit.
2. The regulation governing the preparation and issuance of the DD Form 214 that was in effect at the time provides that DD Form 214s will not be issued for immediate reenlistments.
3. Accordingly, his DD Form 214 was properly prepared at the time of his discharge on 15 December 1989 and there is no basis to issue him a DD Form 214 to reflect his service during his prior enlistment.
4. Item 18 of his DD Form 214 contains the entry. IMMEDIATE REENLISTMENT THIS PERIOD: 830309 TO 880524. This shows that his initial enlistment period ended honorably.
5. Accordingly, there is no basis to grant his request to be issued a DD Form 214 dated 24 May 1988.
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) AR20130016523
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