BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001301 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 BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001301 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 adding the following entries to item 18 of his DD Form 214: * "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" * "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 860703 UNTIL 890929" _____________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: 18 July 2017 DOCKET NUMBER: AR20160001301 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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his initial period of honorable service. 2. The applicant states he served honorably from 3 July 1986 to 29 September 1989. He reenlisted after that term and served from 30 September 1989 to 29 September 1993. His first period of service should be noted in item 18 of his DD Form 214 so he may file for veterans' benefits. 3. The applicant provides a copy of his DD Form 214. 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 17 January 1986 under the Delayed Entry Program (DEP). He was discharged from the DEP on 2 July 1986 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 3 July 1986 for a period of 3 years. He completed training and was awarded military occupational specialty 94B (Food Service Specialist). 3. The applicant's DA Form 1695 (Oath of Extension of Enlistment), dated 26 April 1988, shows he extended his 3-year enlistment of 3 July 1986 for a period of 3 years and 3 months for permanent change of station to the continental United States. 4. The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 September 1989, shows he completed 3 years, 2 months and 27 days of total active duty military service. It also shows he reenlisted in the Regular Army for 4 years on 30 September 1989. 5. A review of his military personnel records pertaining to the period 3 July 1986 through 29 September 1989 shows no adverse or derogatory information. 6. The applicant was reassigned to the 69th Transportation Company in Germany on 8 November 1989. 7. General Court-Martial Order Number 57 published by Headquarters, 21st Theater Army Area Command, Germany, dated 9 October 1992, shows the applicant was tried and found guilty on 25 June 1992 of the following offenses: * Charge I, Article 81, one specification of conspiring to make, draw, and utter checks without sufficient funds * Charge II, Article 123a, 33 specifications of with intent to defraud, make and utter a worthless check of a value in excess of or a value under $100.00 on or between 12 October 1990 and 3 December 1991 * Charge III, Article 121, three specifications of wrongful appropriation of currency with a value in excess of $100 on or about 9 April 1991, 20 June 1991, and 27 June 1991 * Charge IV, Article 86, four specifications of failure to go to appointed place of duty on or about 2, 3, 22, and 23 February 1992 8. The applicant was sentenced to confinement for 3 years, reduction to the pay grade of private (E-1), and discharge from the Army with a dishonorable discharge. The convening authority approved the sentence and, except for the part of the sentence extending to the dishonorable discharge, ordered it executed. 9. General Court-Martial Order Number 77 published by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, dated 22 July 1994, confirmed the applicant's court-martial sentence was affirmed. The provisions of Article 71(c) having been complied with, the dishonorable discharge was ordered duly executed. 10. On 9 September 1994, the applicant was discharged. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 3, section IV, as a result of court-martial. His service was characterized as dishonorable. He completed 6 years, 3 months, and 21 days of net active service during this period with lost time from 25 September 1992 to 10 August 1994. Item 18 of his DD Form 214 shows the following entries: * "EXCESS LEAVE CREDITABLE FOR ALL PURPOSES EXCEPT PAY AND ALLOWANCES: 940811-940909" * "DEP: 860117-860702" * "ENLISTMENT/IMMEDIATE REENLISTMENT THIS PERIOD: 860703-890929; 890930-930929" 11. Item 18 of his DD Form 214 is void of entries that show he: * completed his first full term of service * had a period of continues honorable active service REFERENCES: Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. Multiple versions of this regulation were published over the years. a. The version in effect at the time of the applicant's separation did not provide for an entry identifying completion of a Soldier's first full term of service or prior periods of honorable service. b. Later versions required the following mandatory entries in item 18 of the DD Form 214: (1) "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If Soldier has completed or exceeded the initial enlistment, enter 'has." If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not." (2) "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214. (3) "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)" for Soldiers who previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable. DISCUSSION: The evidence of record shows the applicant completed his first full term of service rendering this period of service as honorable. In accordance with current regulatory guidance, this information would be recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001301 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2