IN THE CASE OF:
BOARD DATE: 18 June 2014
DOCKET NUMBER: AR20130019385
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 separate DD Forms 214 (Certificate of Release or Discharge from Active Duty) for his initial enlistment and subsequent reenlistment.
2. The applicant states he was advised by a member of the Dallas Veterans Center that he has the option, and that it would be in his best interest, to have his honorable discharges reflected on two DD Forms 214.
3. The applicant provides numerous documents contained in his Official Military Personnel File.
CONSIDERATION OF EVIDENCE:
1. On 23 August 2007, the applicant enlisted in the Regular Army (RA).
2. On 30 April 2010, the applicant reenlisted for a period of three years.
3. On 15 March 2012, he reenlisted for a period of six years.
4. On 29 January 2013, he was discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), paragraph 14-12c, as a result of misconduct and was given an under other than honorable characterization of service.
* item 12c (Record of Service Net Active Service This Period) of his DD Form 214 shows he completed 5 years, 5 months, and 1 day of net active service during this period of service
* item 18 (Remarks) of his DD Form 214 contains the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE: 20070823 - 20121002//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20120315 - 20130129"
5. Army Regulation 635-5 (Personnel Separations Separation Documents) 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 2-1b(2) states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.
b. Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. It further states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" in item 18. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then enter "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 the specific periods of reenlistments as prescribed above.
6. Since 1 October 1979, military personnel discharged for the purpose of immediate reenlistment are no longer issued a separate DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he enlisted in the RA on 23 August 2007 and reenlisted on 30 April 2010 and 15 March 2012 without a break in service. Therefore, he is not authorized separate DD Forms 214 for his initial period of enlistment and subsequent periods of reenlistment because since October 1979, DD Forms 214 are not issued for the purpose of immediate reenlistment when there is no break in service.
2. Item 18 of his DD Form 214 contains the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE: 20070823 - 20121002//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20120315 - 20130129," which is incorrect.
3. Evidence shows the applicant was separated with an under other than honorable characterization of service for the period 20120315 - 20130129. Therefore, item 18 of his DD Form 214 should be corrected to read: "CONTINUOUS HONORABLE ACTIVE SERVICE: 20070823 - 20120314//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20100430 - 20120314 AND 20120315 - 20130129."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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: "CONTINUOUS HONORABLE ACTIVE SERVICE: 20070823 - 20121002//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20120315 - 20130129," and
b. adding to item 18 the entry: "CONTINUOUS HONORABLE ACTIVE SERVICE: 20070823 - 20120314//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20100430 - 20120314 AND 20120315 - 20130129."
2. The Board further determined 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 to the issuance of separate DD Forms 214 for his first enlistment and subsequent reenlistments.
_______ _ _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) AR20130019385
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