IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140015153
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 the issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his honorable service.
2. The applicant states he needs a DD Form 214 which shows his honorable service for the Department of Motor Vehicles and others that request a copy of his DD Form 214 for veteran's benefits. He states the DD Form 214 he currently has only shows his "second enlistment" discharge.
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. The applicant enlisted in the Regular Army (RA) for 4 years on 14 November 1989.
3. After completing 3 years, 5 months, and 29 days of net active service this period, he was honorably discharged on 12 May 1993, for the purpose of immediate reenlistment.
4. The applicant reenlisted in the RA for 4 years and 22 weeks on 13 May 1993.
5. On 12 April 1994, the applicant extended his 13 May 1993 enlistment for a period of 1 year and 1 month.
6. On 23 June 1997, the applicant was discharged as a result of a duly reviewed and affirmed special court-martial conviction. He had completed 7 years, 2 months, and 17 days of total active service. He received a bad conduct discharge (BCD). Item 18 (Remarks) does not indicate his first period of honorable service.
7. The DD Form 214 the applicant received shows his service in the RA from the date of his initial enlistment on 14 November 1989 through 23 June 1997, the date of his BCD.
8. Army Regulation 635-5 (Separation Documents), then in effect, 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. The regulation stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. The regulation stated that 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) in item 18. It further states a DD Form 214 will not be prepared for Enlisted members discharged for immediate reenlistment in the RA.
DISCUSSION AND CONCLUSIONS:
1. The regulation in effect at the time stated that 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) in item 18.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 amending item 18 on his DD Form 214 dated 23 June 1997 to add the entry "Continuous Honorable Active Service From 19891114 Until 19930512."
2. The Board further determined that 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 issuing the applicant a separate DD Form 214 to show his honorable service.
____________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) AR20140015153
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ABCMR Record of Proceedings (cont) AR20140015153
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