IN THE CASE OF: BOARD DATE: 25 November 2020 DOCKET NUMBER: AR20200003205 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 April 1998 to be consolidated with his DD Form 214, for the period ending 20 August 1979. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 20 August 1979 * Orders 325-0272, dated 21 November 1997 (Release from Active Duty) * Memorandum, subject: Enlisted Retirement of [Applicant], 24 November 1997 * DD Form 214, for the period ending 30 April 1998 * Letter from the Army Review Boards Agency (ARBA), 11 October 2018 * Letter from the U.S. Army Human Resources Command (HRC), 26 December 2019 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 his DD Form 214 should be corrected to show his basic active service date as 9 September 1976. 3. The applicant provides: * Memorandum, subject: Enlisted Retirement of [Applicant], dated 24 November 1997, which shows his retirement announcement with an effective date of 1 May 1998 * a letter from ARBA, dated 11 October 2018, which shows ARBA administratively closed the applicant’s case for failure to exhaust all available administrative remedies * a letter from HRC, dated 26 December 2019, which shows HRC could not process his request due to his issued DD Form 214 being correct 4. A review of the applicant’s service records show: a. He enlisted in the Regular Army (RA) on 3 September 1976. b. He served in Korea from 27 October 1978 to 3 October 1979. c. On 20 August 1979, he was discharged for immediate reenlistment. His DD Form 214 shows he completed 2 years, 11 months, and 12 days of active service. d. On 21 August 1979, he reenlisted in the RA. He served continuously through multiple reenlistments in a variety of assignments including * Germany from 30 January 1981 to 30 March 1985 * Saudi Arabia from 22 September 1990 to 26 March 1991 * Alaska from 17 January 1992 to 8 January 1995 e. Orders 325-0272, dated 21 November 1997, show the applicant was retired from active duty, effective 30 April 1998 and would be placed on the retirement list effective 1 May 1998. f. He was honorably retired on 30 April 1998. His retirement DD Form 214 shows he completed 18 years, 8 months, and 10 days of active service, with 2 years, 11 months, and 12 days of total prior active service (DD Form 214 for the period ending 20 August 1979). It also shows in item 18 (Remarks) immediate reenlistments this period: * 21 August 1979 to 23 February 1986 * 24 February 1986 to 28 October 1991 * 29 October 1991 to 24 August 1994 5. By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. On 1 October 1979, the Army stopped issuing a separate DD Form 214 for each period of enlistment or reenlistment. Currently, a DD Form 214 will not be prepared for Soldiers discharged for immediate reenlistment in the RA. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and documents provided by the applicant. The Board noted the applicant had three periods of immediate reenlistments as reflected on his DD Form 214, dated 20 August 1979. Based on regulatory guidance for Periods of Honorable Service, for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, it will show “IMMEDIATE REENLISTMENTS THIS PERIOD” and specify inclusive dates for each period of reenlistment. The Board determine, the applicant’s two DD Form 214’s is correct and there is no error. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service. It established standardized policy for the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. a. Paragraph 5-1 (When to Prepare the DD Form 214) states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. Paragraph 5-2 (When Not to Prepare a DD Form 214) states a DD Form 214 will not be prepared for Soldiers discharged for immediate reenlistment in the Regular Army. c. Paragraph 5-6 (Rules for Completing the DD Form 214) states for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENT THIS PERIOD” and specify inclusive dates for each period of reenlistment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003205 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1