BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000411 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: 23 May 2017 DOCKET NUMBER: AR20160000411 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 amending item 18 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 November 1982 by adding the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 760514–800130." ___________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: 23 May 2017 DOCKET NUMBER: AR20160000411 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 November 1982, to show a previous period of honorable service. 2. The applicant states, in effect, his honorable service from his enlistment date of 14 May 1976 through his discharge date of 30 January 1980 should be shown on his DD Form 214. He reenlisted on 31 January 1980. 3. The applicant provides a copy of his DD Form 214 and copies of his two DD Forms 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 14 May 1976 and 31 January 1980. 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 enlisted in the Regular Army on 14 May 1976. 3. The applicant's record contains DA Forms 2627 (Record of Proceeding under Article 15, Uniform Code of Military Justice (UCMJ)), which show he accepted non-judicial punishment (NJP) on two occasions during his first period of enlistment: * on 1 July 1977, for wrongfully possessing one smoking pipe that contained residue of marijuana in the hashish form, on 17 June 1977 * on 14 October 1978, for without authority, leaving his appointed place of duty, to wit: guard duty, on 8 October 1978 4. The applicant's record is void of additional disciplinary actions for the period. 5. The applicant reenlisted on 31 January 1980 for a period of 3 years. 6. The applicant was discharged from the Army on 17 November 1982, under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial. His DD Form 214 shows his service was characterized as under other than honorable conditions. Additionally, it shows in: * item 12c (Net Active Service This Period), the entry "5 years, 5 months, and 11 days" * item 18 (Remarks), the entry "IMMEDIATE REENLISTMENT THIS PERIOD: 800131" * item 29 (Dates of Time Lost During This Period), the entry "810831-820711, 820901-821107" REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. Paragraph 1-4b(5) of the regulation in effect at the time stated that a DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army. b. Paragraph 2-4h(18) of the regulation currently in effect states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later separated with any characterization of service except "honorable," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show a previous period of honorable service was carefully considered. 2. The applicant enlisted in the Regular Army on 14 May 1976 and reenlisted on 31 January 1980 without a break in service. Applicable regulations and policies state that separate DD Forms 214 are not authorized when there is no break in service. 3. Although he received NJP before reenlisting, the evidence shows he was found to be fully eligible for reenlistment, which indicates his service prior to reenlisting was considered to have been honorable. In according with regulatory guidance, his first period of service from 14 May 1976 through 30 January 1980 should be shown on his DD Form 214; however, it was not entered. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000411 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2