IN THE CASE OF:	

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150001335


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  He had multiple periods of reenlistment within the larger period shown; specifically, he reenlisted on 8 February 2005 and again on 9 February 2009.

	b.  He had continuous honorable service during the periods 16 January 2003 through 7 February 2005 and 8 February 2005 through 8 February 2009.  

2.  The applicant states item 18 (Remarks) of his DD Form 214 shows only one reenlistment period, 8 February 2005 through 13 January 2015; however, he had a second reenlistment on 9 February 2009.  Therefore, he should have been credited with continuous honorable service from 16 January 2003 through           7 February 2005, and from 8 February 2005 through 8 February 2009.

3.  The applicant provides copies of his DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) documenting his reenlistments on 8 February 2005 and 9 February 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 January 2003.  He completed his initial entry training and was awarded military occupational specialty 19D (Cavalry Scout).  Following the completion of his initial entry training, he completed the Basic Airborne Course, becoming qualified as a parachutist.  

2.  He served with 4th Squadron, 7th Cavalry Regiment in the Republic of Korea and 1st Squadron, 10th Cavalry Regiment at Fort Hood, Texas.

3.  He reenlisted in the Regular Army on 8 February 2005.

4.  He attended and completed the Primary Leadership Development Course during the period 10 February 2005 through 25 February 2005, wherein he exceeded course standards, graduating in the top 20 percent of his class, and was placed on the Commandant's List.

5.  He was promoted to the rank/grade of sergeant/E-5 on 1 March 2005.

6.  Permanent Orders Number 180-2, issued by Headquarters, 1st Squadron, 10th Cavalry Regiment on 30 June 2005, awarded him the Army Achievement Medal for meritorious service during his period of assignment with 1st Squadron, 10th Cavalry Regiment.

7.  His DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)), covering the period March 2005 through July 2005, shows:

   a.  He received "No" ratings in Part IV (Army Values/Attributes/Skills/Actions (Rater)), sub-section a. (Army Values), under the "Duty" and "Selfless Service" values, indicating a deficiency in those two rated areas.  
   
   b.  He received "Needs Improvement" ratings in Part IV (Values/NCO Responsibilities (Rater)), for "Leadership" and "Responsibility and Accountability," indicating a deficiency in those two rated areas.
   
   c.  His rater rated his overall potential for promotion and/or positons of greater responsibility as "Marginal."  
   
   d.  His senior rater rated his overall performance as "Poor" and his overall potential for promotion and/or service in positions of greater responsibility as "Poor."
   
8.  He was reassigned on 29 August 2005 to 5th Squadron, 14th Cavalry Regiment, at Schofield Barracks, Hawaii.    

9.  He accepted nonjudicial punishment, under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on 3 January 2007, for failing to obey a lawful general regulation by wrongfully using an air rifle in a non-designated place, and for committing assault upon another person by shooting her in the face with a dangerous weapon (air rifle), on or about 17 June 2006.

10.  He deployed with his unit to Iraq, where he served from 7 December 2007 through 20 February 2009.

11.  Permanent Orders Number 266-047, issued by Headquarters, Multi-National Division (Baghdad) on 22 September 2008, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy on 7 June 2008. 

12.  He reenlisted in the Regular Army on 9 February 2009.

13.  He was promoted to the rank/grade of staff sergeant/E-6 on 1 March 2009.

14.  Permanent Orders Number 153-76, issued by Headquarters, 2nd Brigade, 25th Infantry Division on 10 June 2009, awarded him the Army Commendation Medal for exceptionally meritorious service during the period 5 July 2005 through 10 June 2009.

15.  He was reassigned on or about 10 July 2009 to 1st Squadron, 91st Cavalry Regiment (Airborne) in the Federal Republic of Germany.

16.  He deployed with his unit to Afghanistan, where he served from 28 February 2010 through 23 September 2010.

17.  He was given a General Officer Memorandum or Reprimand (GOMOR) on 15 June 2011, for operating a motor vehicle on a public road while intoxicated and causing an accident that led to the death of a German citizen, on 23 March 2011.

18.  He was given a GOMOR on 14 September 2012, for being drunk and disorderly at a German bar, fleeing the Polizei (German Police), and for being confrontational with the Military Police and disrespectful to the German paramedics and hospital personnel attempting to treat his wounds on 12 May 2012, and for willfully disobeying the orders of his commander by not refraining from alcohol consumption on 24 June 2012.

19.  He was convicted of charges by a court-martial; however, neither the        DD Form 458 (Charge Sheet) nor the court-martial orders are available for review in this case.

20.  His duty status changed from "Present for Duty" to "Confined by Military Authorities" on 27 September 2012.

21.  His duty status changed from "Confined by Military Authorities" to "Present for Duty" on 7 February 2014.

22.  He was discharged from the Army on 13 January 2015.  His DD Form 214 shows he was discharged by reason of court-martial and he received a bad conduct discharge.  Item 18 of his DD Form 214 contains the entries:

* Continuous Honorable Active Service: 20030116 – 20050207
* Immediate Reenlistments This Period – 20050208 – 20150113

23.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system.  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 5-2f provides that a DD Form 214 is not prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.

   b. Paragraph 5-6r (4)(a) and (b) provides guidance related to conditional entries made in item 18.  

      (1)  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.  
   
      (2)  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he enlisted in the Regular Army on 16 January 2003.  

2.  On two subsequent occasions, his commanders authorized his reenlistment, which he executed on 8 February 2005 and 9 February 2009 without a break in service.  Consequently, he was not authorized separate DD Forms 214 for his initial period of enlistment and subsequent periods of reenlistment because DD Forms 214 are not issued when there is no break in service.

3.  Item 18 of his DD Form 214 contains the entries "Continuous Honorable Active Service: 20030116 – 20050207" and "Immediate Reenlistments This Period – 20050208 – 20150113."

4.  Item 18 of his DD Form 214 does not reflect the fact that he reenlisted on       9 February 2009 and his service from 8 February 2005 through 8 February 2009 was considered honorable, by virtue of the fact that his commander authorized his reenlistment of 9 February 2009.































BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending item 18 of his DD Form 214 to:

* delete the entry "Continuous Honorable Active Service: 20030116 – 20050207"
* delete the entry "Immediate Reenlistments This Period – 20050208 – 20150113"
* add the entry "Continuous Honorable Service: 20030116 – 20050207, 20050208 – 20090208"
* add the entry "Immediate Reenlistments This Period – 20050208 – 20090208, 20090209 - 20150113"
      
      
      
      
      ___________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)                                         AR20150001335



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