BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018946 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 BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018946 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 to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19800520 UNTIL 19830324." 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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018946 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his honorable service. 2. The applicant states that he needs two separate DD Forms 214. He would like to get a separate DD Form 214 that shows his honorable discharge prior to reenlisting. 3. The applicant provides no documentation to support his request. 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 United States Army Reserve (USAR) Delay Entry Program (DEP) on 5 December 1979, and further enlisted in the Regular Army (RA) for three years on 20 May 1980. 3. Headquarters, 2nd Armored Division (FWD), Orders 74-16, dated 24 March 1983, show the applicant was discharged from the RA, effective 24 March 1983, for the purpose of reenlisting in the RA for a period of 3 years, effective 25 March 1983. 4. The applicant’s military service records contain a DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) that shows he reenlisted in the U.S. Army for a period of 3 years on 25 March 1983 and that this was the applicant’s first reenlistment. 5. The applicant's DD Form 214 documents the applicant’s period of active duty service from 20 May 1980 through 10 May 1984. It shows he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial. At the time of his discharge, the applicant was credited with completing 3 years, 8 months, and 29 days net active service. Item 18 (Remarks) of the DD Form 214, in pertinent part, contains the entry “Immediate Reenlistment This Period: 800520 to 830324.” REFERENCES: Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. This Army Regulation states, in pertinent part, “[t]his revision provides instructions for preparing the revised DD Form 214, dated 1 July 1979. It ends the need to prepare DD Form 214 for enlisted members who are discharged for immediate reenlistment.” a. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Qualification Record, separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF). The regulation also contains item-by-item instructions for completing the DD Form 214. b. The instructions for Item 18 (Remarks) state to use the remarks section for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for completing entries that are too long for their blocks. The instructions also state, in pertinent part, 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: 761210-791001; 791002-821001. c. A later version of the regulation added the requirement that, for a Soldier who had not previously been issued a DD Form 214 and who was being discharged with service characterized as less than honorable, the remarks section of the DD Form 214 would include the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant contends that he should be issued a DD Form 214 to show his honorable discharge for the period 20 May 1980 to 24 March 1983. 2. The evidence of record shows that Army Regulation 635-5, with an effective date of 1 October 1979 and in effect at the time of the applicant’s discharge for immediate reenlistment, ended the requirement to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. Therefore, the applicant would not have been issued a DD Form 214 for this period of service. 3. The evidence of record shows that the applicant initially entered active duty on 20 May 1980 and that he served continuously on active duty until he was discharged from the U.S. Army on 10 May 1984. The evidence of record also shows that the period of the applicant’s initial enlistment is properly recorded in item 18 of his DD Form 214. The DD Form 214 was prepared in accordance with the Army regulation, then in effect, governing preparation of the DD Form 214. 4. The Board may recommend, as a matter of equity, that an entry documenting his period of honorable service be added to the remarks block of his DD Form 214 as required by later versions of Army Regulation 635-5. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018946 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018946 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2