IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140016186
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 14 April 2005 to 4 April 2008.
2. The applicant states he enlisted in the Regular Army (RA) and honored his initial contract so he would like to be issued a DD Form 214 to cover the period from April 2005 to April 2008. He is missing out on benefits that his honorable service entitles him to by having this period of his service grouped in the narrative of his DD Form 214 for the period ending 30 September 2011. The initial contract being completed in full is an honorable discharge and his reenlistment should not be grouped with his final DD Form 214.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 14 April 2005 for a period of 3 years and he held military occupational specialty 92Y (Unit Supply Specialist). On 25 August 2005, he was assigned to Fort Campbell, KY. He served in Iraq with his Fort Campbell unit from 8 February to 18 September 2006 and from 21 September 2007 to 22 November 2008.
2. On 5 April 2008, while in Iraq, he reenlisted in the RA for a period of 6 years, assignment to Fort Jackson, SC, and a reenlistment bonus.
3. On 16 March 2009, he was assigned to Fort Jackson, SC. On 1 April 2009, he was promoted to the rank/grade of sergeant (SGT)/E-5.
4. On 8 April 2010, he pled guilty to and was convicted by a general court-marital of:
* five specifications of stealing 27 items of military property in the total value of over $43,000 between 25 August 2005 and 5 December 2009 in the vicinity of each of Fort Campbell, Iraq, or Fort Jackson
* one specification of possessing a machine gun between 5 December 2008 and 1 December 2009 near Columbia, SC
5. He was sentenced to reduction to private (PVT)/E-1, confinement for 48 months, and a bad conduct discharge. The general court-martial convening authority subsequently approved only so much of his sentence that provided reduction to PVT, confinement for 22 months, and the bad conduct discharge.
6. He was confined at the Personnel Control Facility, Fort Sill, OK. He was placed on excess leave on 27 April 2011 while awaiting appellate review.
7. On 11 August 2011, the sentence having been affirmed and complied with, the convening authority ordered the bad conduct discharge executed. On 30 September 2011, he was discharged accordingly.
8. The DD Form 214 he was issued shows he entered active duty on 14 April 2005 and was separated on 30 September 2011 with a bad conduct characterization of service. Item 18 (Remarks) contains the entries "Continuous Honorable Active Service 20050414 - 20080404" and "Immediate Reenlistments This Period 20080405 - 20110930."
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 release from active duty, retirement, or discharge. 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)."
10. There are no provisions in the regulation to issue a DD Form 214 to a Soldier who reenlisted in the RA without a break in service.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served continuously on active duty from 14 April 2005 through 30 September 2011 and his DD Form 214 correctly reflects the dates of his active duty service. There is no provision in the governing regulation to issue a DD Form 214 to a Soldier who reenlisted in the RA without a break in service. As he was discharged with a bad conduct discharge, his DD Form 214 appropriately shows his period of continuous honorable service from 14 April 2005 to 4 April 2008. Therefore, he is not entitled to the 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 that 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) AR20140016186
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ABCMR Record of Proceedings (cont) AR20140016186
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