IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140003501
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 an additional DD Form 214 (Certificate of Release or Discharge from Active Duty) reflecting his period of honorable active duty service.
2. The applicant states he was issued only one DD Form 214 but block
18 (Remarks) of his DD Form 214 includes the entry "Member has completed first full term of service."
3. The applicant provides a DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel did not specify the requested records correction.
2. Counsel did not provide an argument with this request.
3. Counsel did not provide additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 January 2007.
2. He was discharged on 5 June 2013 with his service was characterized as general, under honorable conditions. His DD Form 214 shows in block 18 that he received a reenlistment bonus on 16 October 2009. His DD Form does not show an entry in block 18 indicating his period of honorable active duty service.
3. A review of his military records in the interactive Personnel Electronic Records Management System (iPERMS) failed to reveal a reenlistment contract. Therefore, the date of his reenlistment cannot be established.
4. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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 the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. The regulation provided in:
a. paragraph 2-1b(2), that a DD Form 214 will not be prepared for Soldiers discharged for the purpose of immediate reenlistment;
b. in block 18, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENT THIS PERIOD" (specify dates) will be entered. 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 "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service for which DD Form 214 was not issued) UNTIL" (date before commencement of current enlistment) will be entered. Then, the specific periods of reenlistments as prescribed above.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be issued an additional DD Form 214 for his first period of service has been carefully considered.
2. Pertinent Army regulation prohibits the issuance of a DD Form 214 for enlisted Soldiers discharged for the purpose of immediate reenlistment. Additionally, his DD Form 214 accurately reflects his entire period of active duty service. Therefore, there is no basis to grant the requested relief.
3. Evidence shows he reenlisted on at least one occasion and that he was not issued a DD Form 214 for his first period of honorable service in accordance with the governing regulation. However, the required comments to block 18 of his
DD Form 214 regarding his period of honorable service were omitted. Normally, the Board would recommend that his DD Form 214 be corrected to reflect his period of honorable service; however, based on the fact that his reenlistment contract is not available for review , the exact date of his reenlistment cannot be established. Therefore, the above mentioned correction cannot be accomplished at this time.
4. The applicant is advised that he may reapply to this Board for correction of his DD Form 214 to reflect the required comments in block 18 regarding his period of honorable service provided he includes a copy of his reenlistment contract with his request.
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) AR20140003501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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