IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010236 BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010236 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 (Certificate of Release or Discharge from Active Duty), for the period ending 5 October 1984, by: a. deleting the entry "IMMEDIATE REENLISTMENT THIS PERIOD: 780726-810217;" and b. adding the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 780726–810217" and "IMMEDIATE REENLISTMENT THIS PERIOD: 810218–841005." ____________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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010236 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 first tour of duty was from 26 July 1978 to 17 February 1981. 3. The applicant provides a copy of DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 5 October 1984. 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 26 July 1978. He completed training and was awarded military occupational specialty 71P (Flight Operations Coordinator). 3. On 18 February 1981, he reenlisted for a period of 3 years. 4. Permanent Orders 154-4, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL on 21 October 1981, awarded the applicant the Army Good Conduct Medal (1st Award), for the period 26 July 1978 through 25 July 1981. 5. His record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, his record does contain a DD Form 214 that identifies the authority and reason for his separation. 6. On 5 October 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 Enlisted Personnel), chapter 10, and his service was characterized as under other than honorable conditions. His DD Form 214 shows in: * item 12c (Net Active Service This Period), the entry "4 years, 7 months, and 15 days" * item 18 (Remarks), the entry "IMMEDIATE REENLISTMENT THIS PERIOD: 780726 - 810217" * item 29 (Dates of Time Lost During This Period), the entry "821116–840217" REFERENCES: 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. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show a previous period of honorable service was carefully considered. 2. The applicant enlisted in the Regular Army on 26 July 1978 and reenlisted on 18 February 1981 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: 780726 - 810217." The evidence of record reveals he entered his first enlistment during this timeframe. He reenlisted on 18 February 1981; therefore, the entry pertaining to his period of immediate reenlistment should be corrected to show the period 810218 – 841005. 4. His period of honorable service from 26 July 1978 through 17 February 1981 was omitted from his DD Form 214. Therefore, his DD Form 214 should be corrected to reflect his period of honorable service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010236 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2