BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013586 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013586 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. reconstructing a new DD Form 214 using the existing information contained on his DD Form 214 for the period ending 11 October 1984; and b. adding to the DD Form 214 the following information in "Special Additional Information" in: * Item 23 - Relief from ADT * Item 24 - Honorable * Item 25 - Chapter 4, Army Regulation 635-200 * Item 26 - LBK * Item 27 - NA * Item 28 - Completion of period of ADT * Item 29 - None _________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: 13 October 2016 DOCKET NUMBER: AR20150013586 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) for the period ending 11 October 1984 to reflect an honorable character of service. 2. He states he received an honorable discharge from the U.S. Army Reserve (USAR) prior to enlisting in the Regular Army (RA), but his copy of the DD Form 214 does not reflect his character of service as honorable. 3. He provides two DD Forms 214, dated 11 October 1984 and 20 June 1990. 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 record is void of his initial USAR contract. However, the available evidence shows he enlisted in the USAR on 24 October 1983. He was ordered to initial active duty for training (ADT) on 7 February 1984 and he was released from active duty on 24 October 1984. 3. The available copy of his DD Form 214 for the period ending 11 October 1984 is the "Member-1" copy. This copy does not contain the "Special Additional Information," which includes items 23-30, the type of separation, character of service, separation authority, separation code, reentry eligibility (RE) code, narrative reason for separation, and dates of time lost during this period. However, this copy of his DD Form 214 does shows in: * Item 4a (Grade Rate, or Rank) - private first class (PFC) * Item 4b (Pay Grade) - E-3 * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) - 91P10, X-ray specialist, 1 month * Item 12c (Net Active Service This Period) - 8 months and 5 days * Item 12h (Effective Date of Pay Grade) - 24 October 1983 * Item 12i (Reserve Obligation Termination Date) 23 October 1989 * Item 14 (Military Education) - General Medical Orderly, 4 weeks, (1984) and X-ray Specialist, Phase I and II, 19 weeks (October 1984) 4. His record is void of derogatory information and there is no evidence of lost time. 5. On 3 February 1986, he enlisted in the RA. His Enlistment/Reenlistment Documents, DD Form 1966 (Application for Enlistment - Armed Forces of the United States), item 24 (Military Service) shows he previously served in the USAR from 7 February to 11 October 1984 and he received an honorable discharge. This information was verified by the recruiter on 24 July 1985. 6. On 20 June 1990, he was honorably discharged from active duty. 7. On 24 July 2015, the Chief, Army Personnel Records Division, U.S. Army Human Resources Command, responded to a Congressional inquiry concerning the applicant's request for proof of character of service. The representative stated that an extensive search to verify the applicant's character of service at the time of discharge was unsuccessful for both their agency and the National Personnel Records Center. Since the applicant received an honorable discharge for the period of service ending in 1990, it is most likely he would have received an honorable discharge for his pervious service ending in 1984. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 4-1 states a member will be separated upon expiration of enlistment or fulfillment of their service obligation. b. Paragraph 4-2 provides for the discharge or release from the active Army upon termination of enlistment and other period of active duty or active duty for training (ADT). It states that the periods of military service required of all members of the Army will be in accordance with the applicable laws. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. Section II provides instruction for preparing the DD Form 214. It requires the preparer to enter, in pertinent part, the following: a. Item 23 (Type of Separation) Enlisted Personnel, one of the terms listed below * Relief from active duty * Discharge * Separation and order to additional active duty * Relief from ADT * Relief from ADT and discharge from the Reserve of the Army b. Item 24 (Character of Service) authorized entries are: * Honorable * Under Honorable Conditions (General) * Under Other Than Honorable Conditions c. Item 25 (Separation Authority) the regulatory or statutory authority cited in directives authorizing separation. d. Item 26 (Separation Code) the proper separation program designator (SPD), representing the reason for separation (Army Regulation 635-5-1 (SPD Codes)). e. Item 27 (RE Code) see chapters 1 and 2, and Appendix D, Army Regulation 601–280 (Active and Reserve Components Enlistment Program) which provides RE codes. Enter "NA" for USAR members released after serving on ADT. f. Item 28 (Narrative Reason for Separation) the reason for separation (shown in Army Regulation 635–5–1) based on the regulatory or statutory authority. For personnel ordered to ADT show the reason as "Completion of ADT." g. Item 29 (Dates of Time Lost During this Period) if the member has no time lost during this period enter "none." 3. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code LBK is the appropriate code to assign to Soldiers released or transferred from active duty for expiration term of service (including the conclusion of a period of ADT). DISCUSSION: 1. The evidence of record shows the applicant entered the USAR on 24 October 1983 in pay grade E-3. He was ordered to active duty on 7 February 1984 for ADT, which he completed on 11 October 1984, and he was subsequently awarded military occupational specialty 91P. 2. On 11 October 1984, he was released from active duty in the rank of PFC. Based on the evidence of record, it appears he was released under the provisions of Amy Regulation 635-200, chapter 4 for completion of period of ADT and assigned separation code LBK and RE code "NA." 3. There is no indication that the applicant's character of service for the period 7 February to 11 October 1984 was anything other than honorable as verified by the recruiter for his subsequent enlistment in the RA. There is no record of a DD Form 214 for this period containing his character of service and there is sufficient information available to support reissuing a DD Form 214 that captures the information listed in "Special Additional Information." This information is included on the service copies of the DD Form 214 and includes the type of separation, character of service, separation authority, separation code, RE code, narrative reason for separation, and dates of time lost during this period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013586 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013586 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2