IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160002204 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: 3 October 2017 DOCKET NUMBER: AR20160002204 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 for the period ending 28 December 2007 the entry "Immediate Reenlistment 19840821-19880110, 19880111-19930621, and 19930622-19970621." 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 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: 3 October 2017 DOCKET NUMBER: AR20160002204 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 continuous honorable service prior to his court-martial conviction. 2. The applicant states he served honorably from July 1975 to April 1976 and from 11 September 1980 to 24 January 1994. His court-martial and less than honorable discharge are due to violations he committed beginning on 25 January 1994. The period (13 years) before his offenses was honorable. 3. The applicant provides: * General Court-Martial Orders Number 1, dated 24 January 1996 * General Court-Martial Order Number 11, dated 14 June 2001 * 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 Regular Army on 28 July 1975 and he held military occupational specialty 17M (Unattended Ground Sensor Specialist). 3. He was honorably released from active duty on 31 March 1976. He was issued a DD Form 214 (Report of Separation from Active Duty) that credited him with 8 months and 3 days of active service. 4. He enlisted in the Regular Army on 11 September 1980 and he held MOS 73C (Finance Specialist) and 62B (Construction Equipment Repairer). He executed multiple reenlistments as follows: * 4 years on 21 August 1984 * 6 years on 11 January 1988 * 4 years on 22 June 1993 5. On 10 August 1995, he was arraigned at Fort Eustis, VA, on the following offenses at a general court-martial: * Charge I, one specification of attempted larceny between 12 July 1994 and 27 July 1994 * Charge II, three specifications of conspiracy (false claim and larceny) between 25 January 1994 and 10 March 1994 * Charge III, three specifications of larceny between 25 January 1994 and 10 March 1994 * Charge IV, one specification of false swearing on 22 July 1994 and four specifications of solicitation (false claim and larceny) between 25 January 1994 and 27 July 1994 * Additional Charge I, one specification of conspiracy (false claim and larceny) * Additional Charge II, one specification of larceny * Additional Charge III, one specification of solicitation (false claim and larceny) filing 6. The court sentenced him to reduction to the lowest enlisted grade, forfeiture of all pay and allowances, and a bad conduct discharge. 7. On 24 January 1996, the convening authority approved only so much of the sentence as provided for reduction to E-1, forfeiture of $569.00 pay per month for 19 months, and a bad conduct discharge, and, except for the bad conduct discharge, ordered the sentence executed. The record of trial was forwarded to The Judge Advocate General of the Army for appellate review. 8. Also on 24 January 1996, the applicant was placed on indefinite excess leave pending appellate review. 9. General Orders Number 11, issued by Headquarters, U.S. Army Transportation Center, Fort Eustis, VA, on 14 June 2001, show that after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant's bad conduct discharge duly executed. 18. The applicant was discharged on 28 December 2007. His DD Form 214 shows he was discharged in the rank/grade of private/E-1 as a result of court-martial conviction in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 3, with a bad conduct discharge. His DD Form 214 further shows in: * Item 12 (Record of Service), he completed 27 years, 3 months and 18 days of active service and 8 months and 3 days of prior active service * Item 18 (Remarks), the entries "Continuous Honorable Active Service: 19800911-19930621" and "Excess Leave (Creditable for All Purposes Except Pay and Allowances) -- 4,357 days: 19960124-20071228" REFERENCES: Army Regulation 635-5 (Separation Documents) prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. a. The DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. b. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment. Consolidation of two or more DD Forms 214 is not allowed. c. The Remarks block is used for entries required by 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. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates). 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 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 initially served on active duty from 28 July 1975 to 31 March 1976. He was issued a separate DD Form 214 for this period of service. 2. He again enlisted in the Regular Army on 11 September 1980 and served continuously through three reenlistments on 21 August 1984, 11 January 1988, and 22 June 1993. His court-martial conviction occurred during his last period of reenlistment (22 June 1993). The period before that was honorable. His DD Form 214 indicated in the Remarks block that the period of service from 11 September 1980 (the date of enlistment) to 21 June 1993 (date before commencement of current enlistment) was honorable. 3. The applicant's contested DD Form 214 correctly credited him with honorable service from 11 September 1980 to 21 June 1993. However, it omitted the dates of his immediate reenlistments. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002204 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002204 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2