PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 November 2002
	DOCKET NUMBER:   AR2002077891

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be issued a Certificate of Release or Discharge from Active Duty, DD Form 214, for his first enlistment.

3.  The applicant states that his first enlistment was from June 1989 - June 1992 from which he received an honorable discharge.  He provides no supporting evidence.

4.  The applicant's military records show he enlisted in the Regular Army on 21 June 1989 for 3 years.  He was honorably discharged on 17 March 1992 for the purpose of immediately reenlisting on 18 March 1992.

5.  On 1 December 1993, the applicant was discharged, with a general discharge under honorable conditions, under the provisions of Army Regulation 635-200, chapter 9 for drug rehabilitation failure.  His DD Form 214, item 12a shows he entered active duty that period on 21 June 1989.  Item 18 does not contain an entry regarding his initial enlistment.

6.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  Effective 1 October 1979, the requirement to prepare a DD Form 214 for a soldier when discharged for the purpose of immediately reenlisting was ended.

7.  The current version of Army Regulation 635-5 (not in effect at the time of the applicant's discharge), paragraph 2-4h(18)(b) states that the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is a mandatory entry.  Paragraph 2-4h(18)(b)1 states that, 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.  

8.  The current version of Army Regulation 635-5 also states, in paragraph                2-4h(18)(c), that, for enlisted soldiers with more than one enlistment period during the time covered by this DD Form 214, “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates) will be entered.  However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before commencement of current enlistment) will be entered.  Then, the specific periods of reenlistments as prescribed above will be entered.  

CONCLUSIONS:

1.  The applicant was properly not issued a DD Form 214 upon his discharge from his first enlistment because he immediately reenlisted.  The requirement to issue a DD Form 214 when an enlisted soldier was discharged for the purpose of immediately reenlisting was ended effective 1 October 1979.  Therefore, he is not entitled to issuance of a DD Form 214 for the period 21 June 1989 - 17 March 1992.

2.  Because the applicant was not issued a DD Form 214 upon his reenlistment, the DD Form 214 he was issued upon his discharge on 1 December 1993 reflected his entire service and only his last characterization of service, i.e., general under honorable conditions.

3.  Because it appears from the only DD Form 214 issued to the applicant that his entire military service was characterized as general under honorable conditions, he may be disadvantaged when it comes to determining eligibility for certain Department of Veterans Affairs (VA) benefits.  Therefore, it would be equitable to amend item     18 of his DD Form 214 to reflect the fact he completed his first enlistment and that his discharge from that enlistment for the purpose of immediately reenlisting was honorable as provided for in the current version of Army Regulation 635-5.  

4.  In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

That item 18 of the applicant's DD Form 214 with a separation date of 1 December 1993 be amended to add the remarks, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" and "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 21 JUNE 1989 UNTIL 17 MARCH 1992."

BOARD VOTE:  

_ _SAC  _  __RWA_  ___HOF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler    _
		        CHAIRPERSON

INDEX

CASE ID	AR2002077891	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.