BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002212 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: 22 August 2017 DOCKET NUMBER: AR20160002212 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 amending the following entries on his DD Form 214: a. replacing the entry in item 12a with "1998 01 16"; b. replacing the entry in item 12c with "0006 11 27"; and c. adding to item 18 the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 1998016 - 20010730" and "IMMEDIATE REENLISTMENT THIS PERIOD: 20010731 - 20050112." 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 any relief in excess of that 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: 22 August 2017 DOCKET NUMBER: AR20160002212 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, in effect, that he served honorably during his first period of enlistment, prior to the period following his reenlistment; however, his honorable service is not documented. Additionally, he states his date of entry is incorrect and he would like a full copy of his medical records. 3. The applicant provides no additional evidence in support of 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's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 16 January 1998. 3. The applicant reenlisted in the Regular Army on 31 July 2001. 4. The applicant was discharged from the Army on 12 January 2005. a. Item 12a (Date entered AD This Period) of his DD Form 214 contains the entry "1998 02 22," indicating he entered active duty on 22 February 1998. b. item 12c (Net Active Service This Period) of his DD Form 214 contains the entry "0006 10 21," indicating he was credited with completing 6 years, 10 months, and 21 days of net active service during the period covered by the DD Form 214. c. Item 18 (Remarks) does not contain an entry related to his completion of any prior periods of honorable service. 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(12a) of the regulation currently in effect states the date entered active duty (AD) this period by entering the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. c. Paragraph 2-4h(12c) of the regulation currently in effect states the net active service this period is the amount of service this period, computed by subtracting item 12a from 12b. d. 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 evidence of record confirms the applicant enlisted in the Regular Army on 16 January 1998 and reenlisted on 31 July 2001 without a break in service. The governing Army regulation provides that separate DD Forms 214 are not authorized when there is no break in service. Nevertheless, item 12a of his DD Form 214 shows he entered active duty on 22 February 1998, despite his DD Form 4 showing he entered active duty on 16 January 1998. It appears an administrative error occurred. As a related error, item 12c shows an incorrect entry of his net active service time. 2. The evidence of record confirms the applicant reenlisted on 31 July 2001, and his service from his initial date of enlistment to his date of reenlistment was honorable. The required comment in item 18 of his DD Form 214 describing to his prior period of honorable service was omitted. 3. Providing medical records is not within the purview of this Board. For this portion of the requested relief, the applicant is advised to contact the National Personnel Records Center, Military Personnel Records, 1 Archives Drive, St. Louis, MO 63138, to request these records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002212 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002212 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2