IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007943
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 correction of block 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty) to show his period of honorable service.
2. The applicant states:
* he served honorably from 8 June 1976 until late June 1977
* he was involved in an altercation with two noncommissioned officers who put their hands on his face, after which he punched them
* he realizes his actions were wrong and he has been duly punished for them
* the period of honorable service prior to this altercation should be annotated in the Remarks section of his DD Form 214 to allow for receipt of benefits from the Department of Veterans Affairs (VA)
3. The applicant provides no additional evidence.
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. Following 25 days of service in the U.S. Army Reserve, the applicant enlisted in the Regular Army (RA) on 8 June 1976. His records show he completed training and was awarded military occupational specialty 05F (Radio Teletypewriter Operator).
3. On 20 July 1977, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10.
4. On 5 August 1977, he was discharged under other than honorable conditions. His DD Form 214 shows he completed 1 year, 1 month, and 28 days of active service and 25 days of inactive service.
5. His records contain no evidence of reenlistments or additional periods of active service.
6. The applicant applied to the Army Discharge Review Board requesting a change in the character of his service and his request was denied on 30 April 1981.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. A DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Active Army. Effective 1 October 1979, the DD Forms 214 would no longer be issued for enlisted members who were discharged for immediate reenlistment in the RA and all service would be continuous from the date the last DD Form 214 was issued.
8. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance related to transition management and explains separation document preparation, distribution, correction, and transition processing. Chapter 5 provides guidance regarding preparation of separation documents.
a. Paragraph 5-6 provides detailed instructions for data required in each block of the DD Form 214. Paragraph 5-6r advises that the Remarks section will be used for conditional entries or for Headquarters, Department of Army, mandatory requirements when a separate block is not available or as a continuation for entries in the following blocks:
* Command to Which Transferred
* Primary Specialty
* Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized
* Military Education
b. Conditional entries that will be annotated in the Remarks section include the following:
(1) For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify inclusive dates for each period of reenlistment.
(2) For Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, 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 reenlistment as prescribed above.
c. Paragraph 5-6x directs the characterization of service to be annotated in that specific block. Characterization or description of service is determined by the directive authorizing the separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for annotation of his honorable service from 8 June 1976 through late June 1977 in the Remarks section of his DD Form 214 was carefully considered.
2. He voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, for which he was discharged under other than honorable conditions.
3. Block 9e (Character of Service) on his DD Form 214 is appropriately annotated to show "under other than honorable conditions."
4. Army Regulation 635-5, in effect at the time, did not provide for entries annotating prior periods of honorable service. Army Regulation 635-8, currently in effect, allows for the annotation of characterization of service in the Remarks section of the DD Form 214 only for Soldiers who previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable. However, he did not complete any period of honorable active service or reenlist for a period of active service without being issued a DD Form 214.
5. There are no other regulatory provisions for annotating honorable periods of service in the Remarks section of the DD Form 214.
6. Therefore, there is no basis to grant the applicant's requested relief.
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 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) AR20140007943
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ABCMR Record of Proceedings (cont) AR20140007943
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