IN THE CASE OF:  	  

		BOARD DATE:  25 September 2014	  

		DOCKET NUMBER:  AR20140002582 


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 reconsideration of his earlier request for issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) instead of a DD Form 215 (Correction to DD Form 214).  He also requests issuance of a certified copy of his DD Form 215.

2.  The applicant states:

* being a convicted felon has a stigma and is a big disadvantage to finding a job in the civilian workforce
* the majority of employers are skeptical of any legal documents that an ex-convict may produce and many are only familiar with the DD Form 214
* his DD Form 215 is a plain copy and does not have an official stamp

3.  The applicant provides his written request for reconsideration and notification of address change.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120022356 on 23 July 2013.

2.  The applicant presents new arguments in the form of certification which were not previously reviewed by the ABCMR; this is considered new evidence that warrants consideration by the Board.

3.  Providing individual records does not fall within the purview of this Board.  However, the applicant may obtain copies of his records, to include a certified copy of his DD Form 215, by contacting the National Personnel Records Center which is the repository of millions of military personnel, health, and medical records.  No action is required by the Board concerning this issue; therefore, this issue will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 13 March 1996.

5.  He reenlisted on:

* 26 February 1999 for 2 years
* 2 May 2000 for 2 years
* 9 August 2001 for 6 years

6.  Headquarters, Fort Hood, General Court-Martial Order Number 45, dated 29 June 2007, shows he appeared before a general court-martial on 14 September 2006.  Contrary to the applicant's plea, he was found guilty of:

	a.  one specification of violating Article 125, Uniform Code of Military Justice (UCMJ), by committing sodomy with a child under the age of 12 by force and without consent between on or about 10 April 2001 and 30 June 2003; and

	b.  two specifications of violating Article 134, UCMJ, by:

		(1)  taking indecent liberties with a female under the age of 16 by showing her pornographic images between on or about 10 April 2001 and 30 June 2003; and

		(2)  committing an indecent act upon a female under the age of 16 by touching her breasts and vagina between on or about 1 and 31 July 2004.

7.  On 31 May 2010, he was dishonorably discharged as a result of court-martial.  He completed 11 years, 6 months, and 1 day of creditable active service.

8.  Item 18 (Remarks) of his DD Form 214 contained the entry "IMMEDIATE REENLISTMENTS THIS PERIOD – 19960313-19990225, 1999026-20000501, 20000502-20010808, 20010809-20100531."

9.  On 23 July 2013, the ABCMR partially granted his previous request and issued him a DD Form 215 changing item 18 of his DD Form 214 to show "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19960331 [sic]-20000501//IMMEDIATE REENLISTMENTS THIS PERIOD 19960313-19990225, 19990226-20000501, 20000502-20010808, 20010809-20100531."

10.  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 standardized policy for preparation of the DD Form 214.  Paragraph 2-7 provided that once a DD Form 214 had been issued, do not reissue except for the following reasons:

	a.  when directed by proper appellate authority, executive order, or by the Secretary of the Army;

	b.  when it was determined that the original DD Form 214 could not be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or

	c.  when two DD Forms 215 have been issued and an additional correction was required.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 215 issued on 29 August 2013 incorrectly listed his continuous honorable active service dates.  His DD Form 215 should have shown his continuous honorable active service from 19960313-20010808.  Therefore, he is entitled to the issuance of a second DD Form 215 showing his proper continuous honorable active service.

2.  Regulatory guidance prohibits the issuance of a new DD Form 214 except as specified above.  Therefore, there is no basis upon which to grant this portion of the requested relief.



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 partial amendment of the ABCMR's decision in Docket Number AR20120022356, dated 23 July 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "IMMEDIATE REENLISTMENTS THIS PERIOD – 19960313-19990225, 19990226-20000501, 20000502-20010808, 20010809-20100531" from item 18 of his DD Form 214 and

	b.  adding the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19960313-20010808//IMMEDIATE REENLISTMENTS THIS PERIOD 19960313-19990225, 19990226-20000501, 20000502-20010808, 20010809-20100531."

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 issuance of a new DD Form 214.



      _______ _   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)                                         AR20140002582



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ABCMR Record of Proceedings (cont)                                         AR20140002582



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