BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140014384 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he had an honorable period of service as part of his initial 3 years plus one month extension to finish work on a detail assignment to Korea. 

2.  The applicant states he completed an honorable period of service in the infantry while stationed in Korea under combat conditions.  He extended his service in order to work at the Pentagon.  He had an accident with a serious back injury and he was given an order to transfer back to infantry.  They should have known that he could not perform this type of work anymore.  He was advised not to show up by his superiors at the Pentagon.  He has applied for benefits through the Department of Veterans Affairs (VA) but he is now told he is not eligible for benefits.  He has a VA claim for post-traumatic stress disorder as a result of his combat experience.  This may have played a factor in his insistence of not going back to the infantry especially since his contract was extended to serve at the Pentagon rather than go back to Korea and the infantry. 

3.  The applicant provides:

* Congressional correspondence
* letters from the VA
* DA Form 1695 (Oath of Extension of Enlistment)
* letters from the National Personnel Records Center
* DD Form 214
* VA Certificate of Eligibility
* Honorable Discharge Certificate
* orders and certificate confirming award of the Army Good Conduct Medal
* photographs

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.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 10 March 1982.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator). 

3.  Following completion of MOS training and an assignment to Fort Belvoir, VA, he served in Korea on a permanent change of station from 6 December 1983 to 7 December 1984.  He was assigned to B Company, 2nd Supply and Transportation Battalion.  He was advanced to specialist four (SP4)/E-4 in August 1984 

4.  While in Korea on 24 May 1984, he executed a 3-year extension of his enlistment contract, and following completion of his Korea tour, he was reassigned to Office of the Secretary of Defense (OSD), Pentagon, as a driver. 

5.  He was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Army Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon.

6.  On 28 March 1985, he executed a 3-year reenlistment in the RA, and in or around January 1986, he was ordered to report to the 20th Replacement Company, Fort Campbell, KY.  


7.  On 26 January 1986, he was reported in an absent without leave (AWOL) status.  However, he returned to military control on 24 February 1986.  He was subsequently assigned to the 594th Transportation Company, Fort Campbell.

8.  On 7 March 1986, he again departed his unit in an AWOL status and on 6 April 1986, he was dropped from the Army rolls as a deserter.  He ultimately surrendered to military authorities at Fort Dix, NJ, on 29 April 1986.

9.  Following his return to military control, he was assigned to the U.S. Army Personnel Confinement Facility, Fort Dix, pending disposition of his case.  It appears following his return to military control court-martial charges were preferred against him. 

10.  The complete facts and circumstances surrounding the applicant's discharge processing are not available for review with this case.  However, his record contains:

	a.  DA Form 31 (Request and Authority for Leave), dated 30 April 1986, placing him on excess leave effective 5 May 1986 pending disposition of his case.  

	b.  Orders 155-77 issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 4 June 1986, reducing him from SP4/E-4 to private/E-1 on 27 May 1986 and reassigning him to the U.S. Army Transition Point, Fort Dix, for the purpose of out-processing, and subsequent discharge from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the Army in lieu of trial by court-martial, effective 16 June 1986.

	c.  A DD Form 214 that shows he was discharged, on 16 June 1986, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge.  This form also shows he completed 4 years and 16 days of creditable active service and he had lost time from 25 January to 23 February 1986 and from 7 March to 28 April 1986.  Item 18 (Remarks) of his DD Form 214 contains information regarding his retention on active duty for the convenience of the Government and his excess leave and dates.  It does not contain any information regarding his reenlistment. 

	d.  A letter of debarment, issued by the Commanding General, Fort Dix, informing him that, having been discharged from the Army on 16 June 1986, under the provisions of Army Regulation 635-200 with an under other than honorable conditions discharge he was prohibited from reentering Fort Dix. 
11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment.  This practice was stopped effective 1 October 1979.  

13.  The version of the regulation dated 15 August 1979 was in effect at the time of the applicant's separation.  It states the "Remarks" block is used for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for completing entries that are too long for their blocks.  

	a.  Excess leave (preceding 2 years): Enter the total number of days and inclusive dates of time spent in an excess leave status.  For example: Excess leave (creditable for all purposes except pay and allowance)–10 days: 780515–780624.  

	b.  For all personnel who have a period of service extended, except an officer of a reserve component who entered on active duty to determine physical fitness, enter “Extension of service was at the request and for the convenience of the Government.”  When an enlisted person is retained in service beyond the date of expiration term of service (ETS), enter “Retained in service days for convenience of the Government per (authority for retention; for example Army Regulation   635-200."  Do not identify paragraph or chapter of Army Regulation.  Extension of service is distinctive from retention in that extension of enlisted service is evidenced by a new service agreement for a specified period, while retention is continuing the member on the same period of service beyond the ETS date.

	c.  Enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1–4b(5).  For example, immediate reenlistments this period: 761210–791001; 791002–821001.

16.  The version of the regulation dated 15 September 2000 also states the "Remarks" block is used for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for completing entries that are too long for their blocks.  However, the entry in item 18 pertaining to reenlistment was changed.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)."  However, 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 which DD Form 214 was not issued) Until (date before commencement of current enlistment)."  Then, enter the specific periods of reenlistments as prescribed above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served continuously on active duty from 10 March 1982 through 16 June 1986.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service (emphasis added).  The applicant's DD Form 214 correctly captured his continuous active service.  

2.  The regulation in effect at the time required an entry or a list of enlistment periods for which a DD Form 214 was not issued.  The applicant executed two periods of enlistment or reenlistment.  He enlisted on 10 March 1982 and extended that enlistment on 24 May 1984, thus considered one period of enlistment, and he also reenlisted 28 March 1985.  His DD Form 214 should have included an entry pertaining to his reenlistment from 28 March 1985 through 16 June 1986 in item 18. 

3.  The subsequent regulation required a different entry for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214.  The entry reads "Immediate Reenlistments This Period (specify dates)."  Additionally, 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 which DD Form 214 was not issued) Until (date before commencement of current enlistment)."  Then, enter the specific periods of reenlistments as prescribed above.  

4.  In view of the change in the regulation and as a matter of equity only, the applicant's DD Form 214 should be corrected to show his period of reenlistment and his continuous honorable service 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 entries:

* "Continuous Honorable Active Service From 19820310 Until 19850327"
* "Immediate reenlistment 19850328-19860616"



      _______ _   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)                                         AR20140014384



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ABCMR Record of Proceedings (cont)                                         AR20140014384



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