IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150005019 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 9 March 2015, to: a. show his date of entry as 10 December 2008; b. adjust his net active service; c. adjust his prior active service period; and d. add a remark reflecting his prior service. 2. The applicant states his DD Form 214 incorrectly characterizes his entire period of active duty service as general, under honorable conditions. He argues that he reenlisted twice giving him two periods of honorable active duty service. He contends that he is unable to prove his eligibility for Department of Veterans Affairs (VA) education benefits due to his DD Form 214 not reflecting any honorable service. 3. The applicant provides copies of: * certified copy of his Texas state birth certificate * certified copy of his social security card * Standard Form 88 (Report of Medical Examination) dated 11 October 2000 * DD Form 4 (Enlistment/Reenlistment Document) dated 18 October 2000 with enclosures (36 pages) * DD Form 4, dated 30 October 2005 with enclosures (6 pages) * computer printout, Retention Data Management, dated in December 2008 * email communication from 3rd Cavalry Brigade Career Counselor, dated 7 January 2015 * DD Form 214 (Member Copy 4) with continuation sheet CONSIDERATION OF EVIDENCE: 1. A DD Form 4 shows the applicant enlisted on 18 October 2000 in the U.S. Army Reserve for 8 years. On 23 August 2001, he enlisted in the Regular Army for 5 years. 2. On 30 October 2005, the applicant immediately reenlisted in the Regular Army for another period of 5 years. 3. A computer printout, Retention Data Management, as provided by the applicant, shows he had reserved a reenlistment option for an additional 6 years commencing on 10 December 2008, giving him a new expiration term of service (ETS) of 9 December 2014. 4. On 1 July 2010, the applicant was promoted to sergeant first class, pay grade E-7. 5. On 9 March 2015, 3 months after his ETS, the applicant was discharged from active duty. His DD Form 214 shows: a. Item 12 (Record of Service): * Item 12a (Date Entered Active Duty This Period) 23 August 2001 * Item 12b (Separation Date This Period) 9 March 2015 * Item 12c (Net Active Service this Period) 14 years, 4 months, 22 days * Item 12d (Total Prior Active Duty Service) 0 years, 0 months, 0 days * Item 12f (Foreign Service) 0 years, 0 months, 0 days b. Item 18 (Remarks): * Service in Afghanistan 20020926-20030131 ( 4 months, 6 days) * Service in Iraq 20030310-20030429 ( 1 month, 20 days) * Service in Afghanistan 20031104-20040128 ( 2 months, 25 days) * Service in Iraq 20040403-20040520 ( 1 month, 18 days) * Service in Afghanistan 20050106-20050220 ( 1 month, 15 days) * Service in Iraq 20051005-20060106 (3 months, 2 days) * Service in Iraq 20060604-20061005 (4 months, 2 days) * Service in Iraq 20070407-20070704 (2 months, 28 days) * Service in Iraq 20080104-20080302 (1 month, 29 days) * Service in Afghanistan 20081001-20090201 ( 4 months, 1 day) * Service in Afghanistan 20090824-20091216 ( 3 months, 23 days) * Service in Afghanistan 20100706-2010726 ( 0 months, 21 days) * Service in Afghanistan 20100825-20101021 ( 1 month, 27 days) * Service in Afghanistan 20121209-20130715 ( 7 months, 7 days) (Total length of foreign service: (3 years, 5 months, 14 days)) c. in Item 24 (Character of Service): Under Honorable Conditions (General) 6. Army Regulation 635-8 (Separation Processing and Documents) provides detailed instructions for completing separation documents, including the 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. b. 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 inclusive dates for each period of reenlistment. c. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214, ending on 9 March 2015, should be corrected to: a. show his date of entry as 10 December 2008; b. adjust his net active service; c. adjust his prior active service period; and d. to add a remark reflecting his prior service. 2. The applicant was discharged on 9 March 2015 with an under honorable conditions (general) characterization of service. However, his DD Form 214 does not contain the required remarks in Item 18 concerning his periods of honorable service. This error should be corrected. 3. The available evidence clearly shows that the applicant entered active duty on 23 August 2001 and twice reenlisted without a break in service. A review of the entries in Item 12 failed to find any errors pertaining to his date of entry, date of separation, and periods of active duty. 4. In processing this case, it was noted that Item 18 of the applicant’s DD Form 214 contains remarks concerning his 14 deployments to Iraq and Afghanistan. However, Item 12 fails to show this foreign service, which is 3 years, 5 months, and 14 days. Accordingly, it would be appropriate to correct his DD Form 214 to show his total foreign service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. showing in Item 12f of his DD Form 214 his foreign service length as 3 years, 5 months, and 14 days; b. adding to Item 18 the following remarks: “IMMEDIATE REENLISTMENTS THIS PERIOD: 30 October 2005-9 December 2008; 10 December 2008-9 March 2015.” “Continuous Honorable Service from 23 August 2001 to 9 December 2008.” 2. The Board further determined that 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 that pertains to changing any of his service dates in Item 12 except for his foreign service. __________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. ABCMR Record of Proceedings (cont) AR20100007194 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005019 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1