IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140016892
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 February 1992 be corrected to show in item 12a (Date Entered Active Duty This Period) that he entered active duty this period on 17 August 1989.
2. The applicant states that his DD Form 214 should be corrected to show in item 12a that he entered active duty on 17 August 1989 instead of 8 November 1991 since his service was consecutive. He continues by stating that he is experiencing difficulty having his veterans preference adjudicated.
3. The applicant provides copies of his DD Form 214 and NA Form 13038 (Certification of Military Service).
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 on 17 August 1989 for a period of 2 years and 14 weeks. He completed his one-station unit training as an infantryman at Fort Benning, Georgia and was transferred to Fort Myer, Virginia for his first and only assignment to the 3rd Infantry Regiment (The Old Guard).
3. On 7 November 1991, the applicant was honorably discharged for the purpose of immediate reenlistment. On 8 November 1991, he reenlisted for a period of 3 years and airborne training.
4. On 18 February 1992, he was discharged under honorable conditions (General Discharge) under the provisions of Army Regulation 635-200, chapter 14 for misconduct pattern of misconduct. His DD Form 214 issued at the time of his discharge shows he entered active duty this period on 8 November 1991 and that he served 3 months and 11 days of active service this period. It also shows that he had served 2 years, 2 months and 21 days of prior active service.
5. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214 at the time of his discharge. It provided that for item 12a, enter the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued. The version in effect at the time provided that DD Forms 214 were not to be issued to enlisted service members who were discharged for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the regular Army on 890817. He was honorably discharged for the purpose of immediate reenlistment on 911107. He reenlisted on 911108 for a period of 3 years and served until he was discharged under honorable conditions on 920218.
2. His discharge was prepared to reflect that he entered active duty on 911108 and was discharged on 920218. It also shows that he served 3 months and 11 days of active service this period and that he had served 2 years, 2 months and 21 days of prior active service. His DD Form 214 also shows his first period of service in Item 18 (Remarks).
3. It should also be noted that his DD Form 214 as currently prepared reflects all of his service and separated his periods of service to show that he was honorably discharged during his first period of service of 2 years, 2 months and 21 days of prior active service and was allowed to reenlist for his second period for which he was discharged with a general discharge after serving only 3 months and 11 days of active service.
4. However, the applicant has requested that all of his service be consolidated into one period and he is entitled to this modification. Accordingly, his DD Form 214 should be corrected to show in item 12a that he entered active duty on 890817.
5. Additionally, item 12c should be corrected to show 2 years, 6 months and 2 days of net active service this period and "00 00 00" prior active service in item 12d.
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:
* Deleting the entry "91 11 08" from item 12a of his DD Form 214
* Deleting the entry "00 03 11" from item 12c of his DD Form 214
* Deleting the entry "02 02 21" from item 12d of his DD Form 214
* Adding the entry "89 08 17" to item 12a of his DD Form 214
* Adding the entry "02 06 02" to item 12c of his DD Form 214
* Adding the entry "00 00 00" to item 12d of his DD Form 214
_______ _ 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) AR20140016892
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016892
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