IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017944
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, voidance of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and replacement with two separate DD Forms 214, one for each term of enlistment.
2. The applicant states he enlisted in the Regular Army (RA) on 7 December 2003 and reenlisted in Iraq on 20 March 2007. He was subsequently discharged as a result of a court-martial; however, he would like his DD Form 214 to reflect completion o his initial term of honorable service.
3. The applicant provides:
* DD Form Number 256A (Honorable Discharge)
* DA Form 5689 (U.S. Army Oath of Reenlistment)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 7 October 2003.
2. The applicant was discharged on 10 July 2013. His DD Form 214 shows he was separated in accordance with chapter 3 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) with a dishonorable discharge. He completed 6 years, 10 months, and 23 days of creditable active service with lost time for the period 20 May 2010 to 31 March 2013.
3. Item 18 (Remarks) of the DD Form 214 he was issued at the time of his discharge does not contain an entry pertaining to his reenlistment and a review of the documents contained in his Official Military Personnel File failed to show his reenlistment documents. Item 18 also contains the statement, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
4. The applicant provides a copy of his Honorable Discharge Certificate that states he was honorably discharged on 3 May 2007. He further provides a copy of his U.S. Army Oath of Reenlistment which indicates he reenlisted on 4 May 2007.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214 and stated:
a. Effective 1 October 1979, DD Forms 214 is not prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.
b. Item 18 (Remarks) documented remarks that are pertinent to the proper accounting of the separating Soldier's period of service. For enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates. For Soldiers who previously reenlisted without being issued a DD Form 214 and who are later 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.
c. A mandatory entry in item 18 is SOLDIER (HAS) OR (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE. This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use. It states that, routinely, an RA Soldier should not be considered to have completed the first full term of service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he enlisted in the RA on 7 October 2003. Evidence provided by the applicant revealed he reenlisted on 4 May 2007 without a break in service. Based on his reenlistment the applicant successfully completed his first full term of service. However, he is not authorized a separate DD Form 214 for his initial period of enlistment and subsequent period of reenlistment because DD Forms 214 are not issued when there is no break in service.
2. In accordance with the applicable regulation, item 18 of his DD Form 214 should contain the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM: 20031007 - 20070503" and "IMMEDIATE REENLISTMENT THIS PERIOD: 20070504 - 20130710." Therefore, he is entitled to correction of his DD Form 214 to show as recommended below
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 "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE;" and
b. adding to item 18 of his DD Form 214 the entries "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE," "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20031007 - 20070503" and "IMMEDIATE REENLISTMENT THIS PERIOD: 20070504 - 20130710."
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 issuance of a separate DD Form 214 to reflect an initial term of honorable service.
___________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) AR20130017944
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017944
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000253
However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. Therefore, the entry "IMMEDIATE REENLISTMENTS THIS PERIOD: 16 MARCH 2009 19 APRIL 2013" should be added to item 18 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 with a separation date of 19...
ARMY | BCMR | CY2010 | 20100028963
a. Paragraph 2-1b(2) states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA. Therefore, 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 when there is no break in service. The evidence of record reveals he reenlisted within the prescribed regulatory time frames and was awarded the Army Good Conduct Medal (1st Award) for his...
ARMY | BCMR | CY2014 | 20140014544
For Soldiers who previously reenlisted without being issued a DD Form 214 and who are later 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)." In accordance with the applicable regulation, item 18 of his DD Form 214 should contain the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM: 20080821 - 20100930" and...
ARMY | BCMR | CY2014 | 20140001252
However, there is no evidence in the applicant's record that shows he ever accepted NJP. The governing regulation also provides for immediate reenlistment entries in Item 18 of the DD Form 214 for Soldiers who have previously reenlisted without being issued a DD Form 214, and who are separated with any characterization of service except "Honorable." As a result, the Board recommends denial of so much of the application that pertains to granting a complete and unconditional discharge...
ARMY | BCMR | CY2012 | 20120010644
Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows the entry "2006 06 01" (1 June 2006). Item 18 of his DD Form 214 shows the entries: * "IMMEDIATE REENLISTMENTS THIS PERIOD - 20060601- 20080129" * "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" 5. Although his service personnel records do not contain a reenlistment document, documentation from his unit commander shows he reenlisted on 30 January 2008 for a period of 6 years and his DD Form 214 shows...
ARMY | BCMR | CY2008 | 20080016346
The separation document (DD Form 214) he was issued at the time shows he held the rank of PV1 and had completed a total of 6 years, 6 months, and 28 days of creditable active military service. The governing regulation also provides for immediate reenlistment entries in Item 18 of the DD Form 214 for Soldiers who have previously reenlisted without being issued a DD Form 214, and who are separated with any characterization of service except "Honorable." As a result, the Board recommends that...
ARMY | BCMR | CY2011 | 20110020847
The applicant provides: * Enlisted Record Brief (ERB) * Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES) * Honorable Discharge Certificate * Oath of Reenlistment * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Item 18 (Remarks) of his DD Form 214 shows the entries: * SERVICE IN IRAQ 20091115-20100804 * MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE * NOTHING FOLLOWS 5. Although his service personnel records do not contain a reenlistment document,...
ARMY | BCMR | CY2011 | 20110002024
However, his official records contain a DA Form 4187 (Personnel Action), dated 13 March 1996, wherein the applicant requested separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 16-5. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that in item 18 of the DD Form 214 for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter Immediate Reenlistments this...
ARMY | BCMR | CY2012 | 20120012545
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service. As such, block 18 of his DD Form 214 should contain the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20070530 - 20090323" and "IMMEDIATE REENLISTMENT THIS PERIOD 20090324-20111228." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214...
ARMY | BCMR | CY2008 | 20080010950
The applicant's military personnel records show he initially enlisted in the Regular Army (RA) and entered active duty on 2 April 1980, for a 3 year period. The governing regulation also stipulates that the immediate reenlistment entries in Item 18 for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable" will contain the entry "Continuous Honorable Active Service From" (first day of service which...