BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160017095 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160017095 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. ______________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: 19 July 2018 DOCKET NUMBER: AR20160017095 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 show he entered active duty on a date in January or February 1980. 2. The applicant states he entered into the Delayed Entry Program in December 1979 and he entered active duty in January or February 1980. 3. The applicant provides a letter from the Department of Veterans Affairs (VA). 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 (RA) on 13 February 1980. 3. Orders 158-85 issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Polk on 16 August 1982, discharged the applicant from the RA on 15 August 1982. He immediately reenlisted in the RA on 16 August 1982. 4. On 17 February 1983, he voluntarily extended his 16 August 1982 enlistment by six months in order to meet the service requirement for school. 5. His records contain a DD Form 214 for the period ending 28 February 1985. The form shows he performed 2 years, 6 months and 3 days of total prior active service and he subsequently entered active duty during this period on 16 August 1982. 6. The applicant provides a letter from the VA that indicates he entered active duty on 16 August 1982 and that he was released from active duty on 28 February 1985. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Documents), then in effect, 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 2-1b(2) states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA. b. Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. It further states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" in item 18. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then 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 reenlistments as prescribed above. 2. Since 1 October 1979, military personnel discharged for the purpose of immediate reenlistment are no longer issued a separate DD Form 214. DISCUSSION: The applicant's record shows he enlisted in the RA on 13 February 1980 and reenlisted on 16 August 1982 without a break in service. Therefore, he is not authorized a separate DD Form 214 for his initial period of enlistment and subsequent period of reenlistment. Since October 1979, DD Forms 214 are not issued for the purpose of immediate reenlistment when there is no break in 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) AR20160017095 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017095 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2