IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029614 


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 separate DD Forms 214 (Certificate of Release or Discharge from Active Duty) for his initial enlistment and reenlistments.

2.  He states his:

* initial enlistment in 1995 resulted in an honorable discharge
* 1st reenlistment in 1998 resulted in an honorable discharge
* 2nd reenlistment in 2001 resulted in an honorable discharge

3.  He provides the following:

* DD Form 214 for the period ending 29 October 2008
* three DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)

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's military records show:

* he enlisted in the Regular Army on 14 July 1995 
* he reenlisted on 8 June 2001 for 4 years at Camp Bondsteel, Kosovo
* he reenlisted on 8 June 2005 for 5 years in Mosul, Iraq

3.  He was discharged under other than honorable conditions as a result of misconduct (serious offense) on 29 October 2008 after serving 13 years, 3 months, and 15 days.

4.  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.  The regulation states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.

5.  Paragraph 2-4h(18)(c) of Army Regulation 635-5 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 (specify dates)" in item 18 (Remarks).  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service for 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:

The applicant's record shows he enlisted in the Regular Army on 14 July 1995 and reenlisted on 8 June 2001 and 8 June 2005 without a break in service.  Therefore, he is 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.  However, item 18 of his DD Form 214 should be corrected to show his period of continuous honorable active service and his periods of immediate reenlistment.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry:  "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19950714 UNTIL 20050607//IMMEDIATE REENLISTMENT PERIODS 20010608-20050607 AND 20050608-20081029" to item 18 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the issuance of separate DD Forms 214 for his first enlistment and two subsequent reenlistments.



      _______ _  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)                                         AR20100029614



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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