IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150000384 


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 his previous period of honorable service.

2.  The applicant states, in effect:

* his DD Form 214 shows one period of service and it disqualifies him for Department of Veterans Affairs (VA) services
* his DD Form 214 does not show his reenlistments
* he served in:

* Panama from 1982 to 1985 and reenlisted
* Colorado from 1985 to 1990 and reenlisted
* Fort Dix, NJ from 1990 to 1992 and was discharged

* he is trying to get benefits from the VA for his bad hip

3.  The applicant provides no additional documents in support of this application.

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) on 1 July 1982.  His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted for a period of 4 years.

3.  His record contains DD Forms 4/1 which show he reenlisted on:

* 31 December 1985 for a period 4 years
* 11 May 1989 for a period of 4 years 

4.  General Court-Martial Order Number 4, dated 20 February 1992, shows he pled guilty and was found guilty of unlawfully killing an Airman by negligently failing to account for the action of another Airman during a live fire exercise.

5.  The applicant was sentenced to reduction to private/E-1, a forfeiture of all pay and allowances, confinement for a period of 6 months, and the issuance of a bad conduct discharge (BCD).  The sentence was approved, and except for the part of the sentence extending to a BCD, was executed.

6.  The applicant's DD Form 214 shows he was discharged on 10 December 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 3, by reason of court-martial (other).  This form further lists the applicant's character of service as "bad conduct."  His DD Form 214 shows in item 18 (Remarks), the entry "IMMEDIATE REENLISTMENT THIS PERIOD:  851231-890510, 890511-950510."

7.  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 RA.

	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.

8.  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 his previous period of honorable service was carefully considered.  

2.  The applicant's record shows he enlisted in the RA on 1 July 1982 and reenlisted on 31 December 1985 and 11 May 1989 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(S) THIS PERIOD:  851231-890510, 890511-950510."  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 from 
1 July 1982 to 10 May 1989.




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 adding to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 810701-890510." 



      _____________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)                                         AR20150000384



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ABCMR Record of Proceedings (cont)                                         AR20150000384



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