IN THE CASE OF: BOARD DATE: 17 November 2021 DOCKET NUMBER: AR20200001158 APPLICANT REQUESTS: Issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) that reflects only his honorable service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he served from 1994 to 2010 and received one DD Form 214 that reflects his dishonorable service. He would like to receive a second DD 214 reflecting only his period of honorable service reflected on the attached under "Military Information: character of discharge - honorable October 26, 2001-October 25, 2001." 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army (RA) on 26 October 1994 and held military occupational specialty 14S (Avenger Crewmember). b. He reenlisted in the RA on 21 July 1997, 29 August 2001, and 26 September 2003. c. On 18 June 2008, he was convicted by a General Court-Martial of two specifications of committing indecent acts upon a female under the age of 16 years. The court sentenced him to confinement for 8 years and a dishonorable discharge. d. On 18 June 2008, the convening authority approved the sentence and except for the dishonorable discharge ordered it executed. The record of trial was forwarded to the appellate authority for review. e. General Court-Martial ssued by Headquarters, on December shows the appellate review was completed and the sentence was affirmed. f. The applicant was discharged from active duty on 30 April 2010. His DD Form 214 shows he completed 13 years, 7 months, and 22 days of active service, with lost time from 18 June 2008 to 30 April 2010. Block 18 (Remarks) of the DD Form 214 does not list his continuous honorable service but lists his immediate reenlistment dates. 4. By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. Paragraph 5-2 (When not to prepare a DD Form 214) states not to issue a DD Form 214 for Soldiers discharged for immediate reenlistment in the RA. 5. Also by regulation (AR 635-8), in Block 18 (Remarks), 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 DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistment as prescribed above. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s dishonorable discharge. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 3. The Board did find that his prior honorable service preceding his immediate reenlistment was not properly recorded on his DD Form 214. Item 18 the should show “Continuous honorable service 1994-10-26 to 2003-09-25.” BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice in the applicant’s dishonorable discharge. Therefore, the Board determined the overall merits of this case are insufficient as a basis for to change the applicant’s character of discharge. 2. The Board did find as an administrative correction, that item 18 of his DD Form 214 should show the remark, “Continuous honorable service 1994-10-26 to 2003-09-25.” 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. a. Paragraph 5-2 (When not to prepare a DD Form 214), states a DD Form 214 will not be prepared for the following Soldiers: Soldiers discharged for immediate reenlistment in the Regular Army. b. Paragraph 5-6 (Rules for completing the DD Form 214), for item 18 (Remarks) to 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 DD Form 214 was not issued) Until (date before commencement of current enlistment). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001158 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1