IN THE CASE OF:  

		BOARD DATE:  29 January 2015

		DOCKET NUMBER:  AR20140008459 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of honorable service.

2.  The applicant states that his DD Form 214 does not properly show his period of honorable service.  His honorable active service should read 26 January 2003-5 October 2011 and immediate reenlistments should be:  26 January 2006-
5 November 2011 and 6 November 2011-1 November 2012.  The errors were due to his unit S1 section not properly uploading information to his official record.  Additionally, he was unable to provide proof of his terms of service at the time he was transitioning out of the Army.  This oversight is preventing him from being able to properly claim his Post 9/11 GI Bill education benefits based on the appropriate number of years of honorable service.  

3.  The applicant provides copies of his:

* DD Form 214
* Honorable Discharge Certificate, dated 25 January 2006
* Oath of Reenlistment, dated 26 January 2006
* Honorable Discharge Certificate, dated 5 October 2011

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States shows the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 March 2003.  He was discharged for the USAR DEP and enlisted in the Regular Army (RA) on 28 August 2003.

2.  A DD Form 4 shows he reenlisted in the RA for a period of 6 years on 
26 January 2006.

3.  A DD Form 214 shows he received a general discharge effective 1 November 2012.  He had completed 9 years, 2 months, and 4 days of active duty service.  Item 18 (Remarks) shows, in part, "CONTINUOUS HONORABLE ACTIVE SERVICE:  20030828-20060125//IMMEDIATE REENLISTMENTS THIS PERIOD -- 20060126-20121101."

4.  The applicant provides copies of –

* 25 January 2006 Honorable Discharge Certificate 
* 26 January 2006 Oath of Reenlistment
* 5 October 2011 Honorable Discharge Certificate
* 6 October 2011 Oath of Reenlistment

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  It requires the following mandatory entry for Soldiers with more than one enlistment and their last enlistment was characterized as anything other than honorable:  "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 "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify inclusive dates for each period of reenlistment.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant enlisted in the USAR under the DEP on 22 March 2003 was discharged to enter the Regular Army on 28 August 2003 and he served honorably until 25 January 2006.
2.  He reenlisted in the RA on 26 January 2006 and served honorably until
5 October 2011.  

3.  He reenlisted on 6 October 2011 and served until he received a general (Under Honorable Conditions) discharge on 1 November 2012.

4.  Item 18 of his DD Form 214 should be corrected to read "CONTINUOUS HONORABLE ACTIVE SERVICE:  20030823-20111005."

5.  Item 18 should also show his "IMMEDIATE REENLISTMENTS THIS PERIOD" as –

* 20030828-20080125
* 20080126-20111005
* 20111006-20121101

6.  The governing regulation states all service must be "Honorable" to be included in item 18 of the DD Form 214 as honorable service.  His active service from 6 October 2011 to 1 November 2012 was not characterized as "honorable" and should not be included as such in item 18 of his DD Form 214.

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 this DD Form 214 the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE:  20030828-20060125" and replacing it with the entry, "CONTINUOUS HONORABLE ACTIVE SERVICE:  20030823-20111005."

	b.  deleting from item 18 of his DD Form 214 the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD -- 20060126-20121101," and replacing it with, "IMMEDIATE REENLISTMENTS THIS PERIOD:  20030828-20060125, 20060126-20111005, and 20111006-20121101."

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 showing he had honorable active service from 26 January 2003 to 27 August 2003 when he was not on active duty, or that he had an enlistment period of 26 January 2003 to 5 October 2011, or that he had honorable service from 6 October 2011 to 1 November 2012. 



      _____________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)                                         AR20130011598



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ABCMR Record of Proceedings (cont)                                         AR20140008459



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