ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20160014360


APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), item 23 (Type of Separation), to show "DISCHARGE 
FROM ACTIVE DUTY" vice "RELEASE FROM ACTIVE DUTY."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document), dated 2 June 2016
*	Orders 133-0002, issued by Joint Base Myer – Henderson Hall, Arlington, VA., 
dated 12 May 2016
*	DD Form 214

FACTS:

1.  The applicant states that he wants block 23 of his DD Form 214 changed from 
“Release from active duty” to “Discharged from Active Duty”, due to an improper entry in 
accordance with Army Regulation 635-1, chapter 2 and Army Regulation 635-200 
(Active Duty Enlisted Administrative Separations.) 

2.  The applicant’s records show:

a.	He enlisted in the Regular Army (RA) 22 June 2005, and completed his military 
service obligation (MSO).

b.	He reenlisted in the RA on 19 October 2012 for a period of 4 years.

3.  The applicant provides a copy of his Orders 133-0002, dated 12 May 2016, which 
shows he was being released from active duty, with an effective date of 19 June 2016, 
and was assigned to the U. S. Army Reserve (USAR) Control Group, Active Guard 
Reserve (AGR.) 

4.  A DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the USAR 
on 2 June 2016, in the rank/grade of sergeant/E-5, for a period of three years.  The 
remarks section of this form contains the statement, "RESERVE COMPONENT 
ENLISTMENT PER AR 601-280, CHAPTER 7."

5.  Orders R-06-687411, issued by U.S. Army Human Resources Command, dated, 
3 June 2016, shows he was ordered to active duty in an AGR status, effective 20 June 
2016.

6.  His DD Form 214, for the period ending 19 June 2016, shows he was honorably 
released from active duty for immediate reenlistment into the AGR, and reflects the 
following information:

*	Item 4a (Grade, Rate or Rank) – “SGT”
*	item 9 (Command to Which Transferred) – “USAR Control Group, AGR”
*	item 12i (Effective Date of Pay Grade) – “2011 02 01”
*	item 23 (Type of Separation) – “RELEASE FROM ACTIVE DUTY [REFRAD]”
*	item 24 (Characterization of Service) – “HONORABLE”
*	item 25 (Separation Authority) – “AR 635-200, PARA 16-3”
*	item 28 (Narrative Reason for Separation) – “IMMEDIATE REENLISTMENT”

7.  Army Regulation 635-200, chapter 16-3, states for the purpose of immediate 
enlistment or re-enlistment under the provisions of Army Regulation 601-280 (Army 
Retention Program), will be discharged.  Soldiers so discharged will be re-enlisted on 
the day following discharge. 

BOARD DISCUSSION:

After review of the applicant and all evidence, the Board determined relief is warranted.  
The applicant’s contentions were carefully considered.  Regulatory guidance shows he 
should have been discharge from the Regular Army upon his immediate reenlistment in 
the ARNG.  The Board agreed there was an error in this case.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 his item 23 
(Type of Separation) on his DD Form 214 for the period ending 19 June 2016 by 
entering “DISCHARGE FROM ACTIVE DUTY."


	  

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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Army Regulation 635-8 states, for block 23 (Type of Separation), enter the 
appropriate term listed below:  For enlisted personnel:

*	REFRAD
*	Discharge
*	Retirement
*	REFRAD and order to active duty in another status
*	Release from Active Duty for Training (ADT)
*	Release from custody and control of the Army
*	Release from ADT and discharge from the Reserve of the Army and return to the 
Army National Guard

2.   Army Regulation 635-200, chapter 16-3, states for the purpose of immediate 
enlistment or re-enlistment under the provisions of Army Regulation 601-280 (Army 
Retention Program), will be discharged.  Soldiers so discharged will be re-enlisted on 
the day following discharge. 

4.  Army Regulation 601-280, chapter 3 (Qualifications for Immediate Reenlistment and 
Command Sergeant Major Retention Program) states a Soldier may be discharged for 
immediate reenlistment at any time during the established reenlistment window, as 
directed by a HQDA retention message.  Election of this discharge option is available to 
all reenlistment eligible Soldiers.

     a.  Soldiers cannot be discharged for the purpose of immediate reenlistment when 
they are within 3 months of ETS, except for Soldiers whose application has been 
approved by Commander, HRC, Retention Management Division (AHRC–EPR). 
Soldiers promoted to sergeant or staff sergeant within the 3-month window may, with 
unit commander approval, reenlist for any option for which qualified.

     b. Soldiers restricted due to the 3-month window must process an exception to 
policy.  Request for exception to 3-month windows will be forwarded through command 
channels to the first colonel in the Soldier’s chain of command.  If approval is supported, 
the commander will provide his or her comments, attached as an endorsement to 
DA Form 3340, through the installation senior career counselor to Commander, HRC 
(AHRC–EPR–P), via RETAIN.  

4.  Army Regulation 601-280, chapter 7 (Enlistment and/or Transfer Processing of 
Soldiers from the Regular Army to the Reserve Component) prescribes policies and 
procedures for the enlistment and/or transfer processing of Soldiers being released from 
active duty from the Regular Army who elect to affiliate with the ARNGUS, USAR, or the 
IRR.  Additionally, AR 635–8 requires honorably separating Soldiers (other than 
retirees) to attend a pre-separation service program briefing.  Soldiers enlisting or 
transferring into the USAR may execute their enlistment and/or transfer documents no 
earlier than 180 days prior to REFRAD or discharge date.  The USAR contracts, 
regardless of when completed and oath of enlistment is administered, will not take effect 
until the day after ETS for the RA.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160014360
	
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