IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000111


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 a previous period of honorable service.

2.  The applicant states:

* his DD Form 214 only shows his last discharge from the Army, it does not show his first period of honorable service from April 1981 through 
March 1983 
* he has been denied veterans' benefits since 1984, since his overall military time served only shows his under other than honorable conditions discharge 

3.  The applicant provides the following:

* a copy of his DD Form 214
* Orders 042-810, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA on 1 March 1983
* Orders 045-820, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA on 4 March 1983
* an electronic message printout from the Department of Veterans Affairs (VA) Medical and Regional Office Centers (VAM & ROC), Honolulu, HI, dated 9 December 2014


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 16 April 1981.  He completed training and was awarded military occupational specialty 05C (Radio Teletype Operator).  The highest rank/grade he attained during his period of military service was specialist four/E-4.

3.  On 4 March 1983, he immediately reenlisted for 6 years.

4.  He accepted nonjudicial punishment (NJP) on:

* 27 July 1983, for two specifications of being disrespectful toward a noncommissioned officer (NCO) and failing to obey a lawful order from an NCO
* 27 October 1983, for being disrespectful toward an NCO

5.  On 7 November 1983, he was absent without leave (AWOL).  He was apprehended on 27 December 1983.

6.  On 28 December 1983, court-martial charges were preferred against him for being AWOL from on or about 7 November 1983 to on or about 27 December 1983.

7.  On 5 January 1984, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  He acknowledged he understood the offense he was charged with and he was:

* making the request of his own free will
* guilty of the offense for which he was charged
* not submitting statements in his own behalf
* afforded the opportunity to speak with counsel prior to making the request
* advised he might be furnished an Under Other Than Honorable Conditions Discharge Certificate

8.  In addition, he acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions and he understood he might be ineligible for many or all VA benefits and veterans' benefits under Federal or State laws.

9.  On 10 January 1984, the appropriate authority approved his request for discharge for the good of the service.  He directed the applicant's reduction to private/pay grade E-1 and the issuance of an Under Other Than Honorable Conditions Discharge Certificate.

10.  On 19 January 1984, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, and his service was characterized as under other than honorable conditions.  He accrued 50 days of lost time.  His DD Form 214 shows in:

* item 12c (Net Active Service This Period), the entry "2 years, 7 months, and 14 days"
* item 18 (Remarks), the entry "IMMEDIATE REENLISTMENT THIS PERIOD:  810416-830303"

11.  The applicant provides the following as evidence:

     a.  Orders 042-810 issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, dated 1 March 1983, that discharged him from the Regular Army with an Honorable Discharge for the purpose of immediate reenlistment with an effective date of 2 March 1983.  He was reenlisting for a 6 year active duty commitment with a reporting date of 3 March 1983.

     b.  Orders 045-820 issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, dated 4 March 1983, amended Orders 042-810 by changing his effective date of reenlistment to 3 March 1983 and his reporting date to 4 March 1983.

     c.  An electronic message printout from the Veterans Affairs Medical and Regional Office Centers (VAM & ROC), Honolulu, HI, dated 9 December 2014, that shows his service as "Other than Hon[orable]" and his service time in the Army as 16 April 1981 to 19 January 1984. 

12.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  Paragraph 1-4b(5) of the regulation in effect at the time stated that a DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.

	b.  Paragraph 2-4h(18) of the regulation currently in effect states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  Subparagraph (c) states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates.  For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later 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.

13.  Since 1 October 1979, military personnel discharged for the purpose of immediate reenlistment are no longer issued a separate DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a previous period of honorable service was carefully considered.  

2.  The applicant's record shows he enlisted in the Regular Army on 16 April 1981 and reenlisted on 4 March 1983 without a break in service.  Applicable regulations and policies state that separate DD Forms 214 are not authorized when there is no break in service.

3.  Item 18 of his DD Form 214 contains the entry "IMMEDIATE REENLISTMENT THIS PERIOD:  810416-830303."  The evidence of record reveals he reenlisted within the prescribed regulatory time frames and guidelines with orders that depict this period of service as honorable.  The required comments in item 18 of his DD Form 214 regarding his period of honorable service were omitted.  Therefore, his DD Form 214 should be corrected as a matter of equity to reflect his period of honorable service.

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:

     a.  deleting from item 18 of his DD Form 214 the entry "IMMEDIATE REENLISTMENT THIS PERIOD:  810416-830303;" and 

     b.  adding to item 18 of his DD Form 214 the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 810416-830303" and "IMMEDIATE REENLISTMENT THIS PERIOD: 830304-840119."




      ________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)                                         AR20100015735



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ABCMR Record of Proceedings (cont)                                         AR20150000111



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