IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004993 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: a. issuance of a DD Form 215 (Correction to DD Form 214) to show his continuous honorable active service from 21 August 1980 to 19 July 1984 and 20 July 1984 to 2 February 1988 in block 12 (Record of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 August 1990; or b. in effect, a separate DD Form 214 for the above periods of service. 2. The applicant states, in effect: a. He enlisted in the Army National Guard (ARNG) and attended initial active duty training for which he received a DD Form 214 indicating 2 months and 23 days of honorable net active service. b. He subsequently enlisted in the Regular Army (RA) on 21 August 1980. He was honorably discharged for immediate reenlistment on 19 July 1984. He reenlisted on 20 July 1984 and was honorably discharged for immediate reenlistment on 2 February 1988. c. On 22 August 1990, he was discharged under other than honorable conditions. His periods of honorable service are listed on his final DD Form 214; however, he has not been allowed to enroll or access benefits from the Department of Veterans Affairs (VA) because his continuous honorable active service from 21 August 1980 through 2 February 1988 is not reflected in his record of service in block 12 of his final DD Form 214. 3. The applicant provides: * 2 DD Forms 214 * 2 DD Form Number 256A (Honorable Discharge Certificate) * 2 letters * DA Form 1695 (Oath of Extension of Enlistment) * 2 DD Forms 4/1 (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. Having 2 months and 23 days of honorable active service in the ARNG, the applicant enlisted in the RA on 21 August 1980 and he was discharged on 22 August 1990, under other than honorable conditions. He was issued a DD Form 214 which covers this period of service. 3. Item 18 (Remarks) of his DD Form 214 contains the entry "Continuous honorable active service from 800821 UNTIL 880202// immediate reenlistments this Period: 800821-840719; 840720-880202//." 4. 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 RA on 21 August 1980. 2. On two subsequent occasions, his commanders authorized his reenlistment, which he executed on 21 August 1980 and 20 July 1984 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. Also, his continuous honorable active service from 21 August 1980 through 2 February 1988 is correctly included in block 12 of his final DD Form 214. 3. The applicant's claim of entitlement to VA benefits falls under the purview of the VA and not the ABCMR. He should contact his local VA office for more information and a determination of his entitlement to benefits. 4. Based on the evidence of record, his DD Form 214 was completed in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20150004993 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004993 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1