IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140012894
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:
a. His DD Form 214 does not show he had a period of honorable service.
b. He reenlisted on 12 January 1982 and his previous enlistment from
20 February 1979 through 11 January 1982 was an honorable discharge. At that time, there was a rule that came out that only one DD Form 214 will be made for all enlistments. Unfortunately, his DD Form 214 does not show his previous honorable discharge.
c. He needs to have his honorable service reflected in order for him to receive Department of Veterans Affairs (DVA) benefits.
3. The applicant provides a copy of his OSA Form 172 (Case Report and Directive).
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. On 20 February 1979, the applicant enlisted in the Regular Army (RA). He completed initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. On 11 January 1982, he was honorably discharged for the purpose of immediate reenlistment in the RA.
4. On 12 January 1982, he reenlisted in the RA.
5. During the applicant's second enlistment, he received nonjudicial punishment (NJP) twice and multiple counseling documents. He was recommended for separation due to a pattern of misconduct. The recommendation was approved and on 20 March 1984, he was discharged.
6. His DD Form 214, ending on 20 March 1984, shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 for misconduct. His DD Form 214 shows in item 18 (Remarks), the entry, "Immediate reenlistments this period: 790220-820111; 820112-860111."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect during the applicant's period of service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and was the governing regulation applicable to the applicant's issues concerning the proper notation of his prior honorable service on his DD Form 214. Paragraph 1-4b (5) stated that a DD Form 214 would not be prepared for enlisted Soldiers who were discharged for immediate reenlistment in the RA.
8. Army Regulation 635-8 (Separation Processing and Documents) replaced Army Regulation 635-5. This regulation prescribes Department of the Army policy and procedural guidance relating to transition management and preparation of separation documents. Paragraph 5-6r states that item 18 of the DD Form 214 documents the mandatory remarks that are pertinent to the proper accounting of the separating Soldier's period of service.
a. It states for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "Immediate Reenlistments This Period" and specify the appropriate dates.
b. For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later separated with any characterization of service except honorable, enter "Continuous Honorable Active Service From" (the first day of service for which a DD Form 214 was not issued) until (date before commencement of current enlistment)."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served honorably from 20 February 1979 to 11 January 1982. This honorable service was not noted on his DD Form 214. As later required by regulation, it would be appropriate to annotate the applicant's period of honorable service in item 18 of his DD Form 214. Therefore, his DD Form 214 ending on 20 March 1984 should be corrected as recommended below.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 the entry "Continuous honorable active service from 20 February 1979 until 11 January 1982."
_______ _ 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) AR20130006406
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140012894
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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