IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160008050 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160008050 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) to separate his periods of honorable service from May 1986 to February 1999 from his dishonorable service. 2. The applicant states he does have periods of honorable service and he would like to be recognized for it. 3. The applicant provides a self-authored letter. 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 29 May 1986. He served through various stateside and overseas assignments to include Saudi Arabia and Korea and attained the rank/grade of master sergeant (MSG)/E-8. 3. His record contains the following documents: a. Multiple DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States) showing he reenlisted on the following dates. * 29 September 1989 for a period of 2 years * 28 June 1990 for a period of 4 years * 3 June 1990 for a period of 2 years * 7 November 1995 for a period of 5 years * 16 February 1999 for an indefinite status a. DD Form 2707 (Confinement Order), dated 29 April 2010, showing he was confined by reason of General Court-Martial, charged with the following violations of the Uniform Code of Military Justice, found guilty, and sentenced to be confined for 7 years and separated from the service with a dishonorable discharge. * Article 120, rape and carnal knowledge, 2 specifications * Article 134, indecent assault, 1 specification b. Orders Number 125-200, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, on 5 May 2010, ordering the applicant to be confined at the U.S. Disciplinary Barracks, Fort Leavenworth, KS. 4. He was dishonorably discharged on 30 August 2013. His DD Form 214 shows he served 23 years and 11 months with 5 years, 11 months, and 28 days of foreign service. This form also shows in block 18 (Remarks) “continuous honorable active service from 29 May 1986 to 15 February 1999.” He was awarded or authorized: * Meritorious Service Medal * Army Commendation Medal (3rd Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (7th Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with 3 bronze service stars * Global War on Terrorism Service Medal * Korea Defense Service Medal * Humanitarian Service Medal * Noncommissioned Officer Professional Development Ribbon (Numeral 3) * Army Service Ribbon * Overseas Service Ribbon (5th Award) * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Parachutist Badge * Air Assault Badge * Expert Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Mechanic Clasp * Drill Sergeant Identification Badge REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. 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. a. A DD Form 214 will be prepared for each Soldier as indicated; active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. b. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “immediate reenlistments this period” (specify dates). However, 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 which DD Form 214 was not issued) until (date before commencement of current enlistment). c. The version of the regulation dated 1 October 1979 ended the need to prepare a separate DD Form 214 for enlisted members who are discharged for immediate reenlistment. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the Regular Army on 29 May 1986. He served honorably and continuously through his final reenlistment on 15 February 1999. He was court-martialed in April 2010 and dishonorably discharged from the service on 30 August 2013. 2. The applicant contends he wants his honorable service separated from his dishonorable service. His DD Form 214 for the period ending 30 August 2013 identifies his continuous honorable active service from 29 May 1986 to 15 February 1999. Furthermore, in 1979 the Army discontinued the requirement to issue a separate DD Form 214 for enlisted members who are discharged for immediate reenlistment. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008050 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008050 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2