IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018064 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018064 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: a. deleting the entry "Immediate re-enlistment this period: 791130" from item 18 of his DD Form 214 and b. adding the following entries to item 18 of his DD Form 214: * "IMMEDIATE REENLISTMENTS THIS PERIOD 19770203-19791129" * "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19770203 UNTIL 19791129" 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 any relief in excess of the relief described above. ___________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: 27 April 2017 DOCKET NUMBER: AR20150018064 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 his initial term of enlistment and honorable characterization. 2. The applicant states: * he served two enlistment periods * he wants his DD Form 214 to show he was honorably discharged from his first term of enlistment from 1977 to 1979 * there was a clear separation of service before his reenlistment * his DD Form 214 shows only one period of service from 1977 to 1981 3. The applicant provides: * self-authored statement, undated * DD Form 214 * discharge orders, dated 30 November 1979 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 November 1979 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 U.S. Army Reserve on 13 January 1977 under the Delayed Entry Program. He was discharged from the U.S. Army Reserve Delayed Entry Program on 2 February 1977 for immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army on 3 February 1977 for a period of 3 years. 4. U.S. Army Regional Personnel Center, Wuerzburg, Germany, Orders 334-21, dated 30 November 1979, discharged him from the Regular Army effective 29 November 1979 for immediate reenlistment. 5. His DD Form 4, dated 30 November 1979, shows he reenlisted in the Regular Army on 30 November 1979 for a period of 3 years. 6. On 17 April 1981, he was discharged under other than honorable conditions in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. 7. His DD Form 214 shows in: * item 12a (Date Entered Active Duty This Period) – 3 February 1977 * item 12b (Separation Date This Period) – 17 April 1981 * item 18 (Remarks) – "Immediate re-enlistment this period: 791130 [30 November 1979]" * item 24 (Character of Service) – Under Other than Honorable Conditions 8. He provided an undated, self-authored statement wherein he stated: a. He enlisted in the U.S. Army on 3 September 1977 and went to Fort Jackson, SC, for basic training. He was transferred to Fort Lee, VA, for advanced individual training. After completing advanced individual training, he was reassigned to Headquarters and Headquarters Battery, 6th Battalion, 52d Air Defense Artillery, in Würzburg, Germany. He was honorably discharged on 29 November 1979. His commanding officer stated he had to wait 24 hours to reenlist, so he had a 1-day separation. He waited 24 hours and reenlisted on 30 November 1979. At that time, he had completed 2 years, 9 months, and 8 days of total active military service and 21 days of inactive military service. b. His DD Form 214 shows he entered active duty on 3 February 1977 and separated on 17 April 1981. This form does not distinguish his first enlistment from his second enlistment. Also, his DD Form 214 states "Immediate re-enlistment this period: 791130," but doesn't show the type of discharge he received. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. a. Paragraph 1-4b(5) stated a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. The instructions for item 18 stated to enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5) (example: "Immediate reenlistments this period: XXXXXX-XXXXX"). c. The instructions for item 18 in subsequent versions of this regulation stated to enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "honorable," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service for which a DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)," then enter the specific periods of reenlistments as prescribed. DISCUSSION: 1. The evidence of record shows the applicant: * enlisted in the Regular Army on 3 February 1977 and was discharged on 29 November 1979 for immediate reenlistment * reenlisted on 30 November 1979 * was discharged under other than honorable conditions on 17 April 1981 2. Item 18 of his DD Form 214 shows the entry "Immediate re-enlistment this period: 791130." 3. Item 18 of his DD Form 214 does not show his initial enlistment period from 3 February 1977 to 29 November 1979 or his continuous honorable active service from 3 February 1977 to 29 November 1979. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018064 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018064 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2