Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140016186
Original file (20140016186.txt) Auto-classification: Denied

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016186



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140001023

    Original file (20140001023.txt) Auto-classification: Approved

    On 9 May 2007, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published Orders 129-111 deploying him to Iraq with a proceed date of 9 June 2007, a report date of 24 June 2007, and assignment to the MNF-I. At the time he tested in the foreign language, Army Regulation 611-6 (Army Language Program), dated 16 February 1996, and Military Personnel Message (MILPER) Number 04-185 (Foreign Language Proficiency Pay (FLPP)), dated 24 June 2004, were the regulatory guidance which...

  • ARMY | BCMR | CY2011 | 20110024269

    Original file (20110024269.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 August 2011 to show his home of record (HOR) as "xxxx Sxxxxxxxx 17th Cxxxxx, Ocala, FL, 34471" instead of the address that his currently listed on his DD Form 214. Prior to his retirement, he submitted two DA Forms 160-R (Application for Active Duty) on 29 April 2008 and 18 May 2008 requesting to enter active duty, under the Retiree Recall Program. The orders...

  • ARMY | BCMR | CY2010 | 20100010308

    Original file (20100010308.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 April 2009 (hereafter referred to as his DD Form 214 in question) to show the date he entered active duty this period (item 12a) as 29 February 2008 instead of 1 March 2009. He also requests the following changes to his DD Form 214: * item 12c (Net Active Service this Period) to show "01 02 00" * item 18 (Remarks) to show the dates he was ordered to active...

  • ARMY | BCMR | CY2013 | 20130004458

    Original file (20130004458.txt) Auto-classification: Denied

    BOARD DATE: 24 October 2014 DOCKET NUMBER: AR20130004458 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date 5 April 2012 vice 8 June 2013. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. a. Paragraph 2-1 states the DD Form 214 provides a clear-cut...

  • ARMY | BCMR | CY2013 | 20130002329

    Original file (20130002329.txt) Auto-classification: Approved

    His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Purple Heart, National Defense Service Medal, GWOTEM, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon and the Combat Infantryman Badge. Army Regulation 600-8-22 states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for...

  • ARMY | BCMR | CY2014 | 20140000363

    Original file (20140000363.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * he completed his first full term of service * he served in military occupational specialty (MOS) 19D (Cavalry Scout) for 6 years and 2 months vice 3 years and 1 month 2. The DD Form 214 he was issued shows the following: * item 11 (Primary Specialty) - 19D, Cavalry Scout, 3 years and 1 month * item 12c (Net Active Service this Period) - 4 years, 4 months, and 17 days * item...

  • ARMY | BCMR | CY2011 | 20110023677

    Original file (20110023677.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states: a. the lost time listed in item 29 should be deleted; and b. as noted on her DA Form 2173 (Statement of Medical Examination and Duty Status), she was at Fort Campbell, KY receiving care and treatment, she was not absent without leave (AWOL); therefore, those days should not be listed as time lost because she was accounted for. The DA Form 2173 she submitted shows she was...

  • ARMY | DRB | CY2013 | AR20130001970

    Original file (AR20130001970.txt) Auto-classification: Denied

    The DD Form 214 indicates that on 14 January 2011, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for a pattern of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. By regulation, a UOTHC...

  • ARMY | BCMR | CY2009 | 20090021286

    Original file (20090021286.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's National Guard Bureau (NGB) Form 21 (Annex A – DD Form 4 Enlistment/Reenlistment Agreement – Army National Guard (ARNG)) shows that on 5 January 2000, the applicant enlisted in the ARNG for a period of 6 years, and training in military occupational specialty (MOS) 95B (Military Police) with an alternate MOS of 75B (Personnel Administrative Specialist). The applicant's primary...

  • ARMY | BCMR | CY2011 | 20110018034

    Original file (20110018034.txt) Auto-classification: Approved

    The applicant requests to be awarded the Iraq Campaign Medal (ICM) and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect awards of the Army Commendation Medal (ARCOM) and ICM, her service in Iraq, and her name change to reflect the official name change recorded on her DD Form 1343 (Notification of Change in Service Member's Official Records), dated 15 July 2009. Her DD Form 214 issued at the time of her retirement reflects the name she enlisted...