ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170001031 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2013 to show her honorable service dates. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 17 May 2006 * DD Form 4, dated 7 January 2009 * DD Form 1695 (Oath of Extension of Enlistment), dated 9 April 2010 * Orders SL-112-0153, issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, OK, dated 22 April 2010 * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army (RA)), dated 15 March 2011 * DD Form 4, dated 15 March 2011 * DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 15 March 2011 * DA Form 3286-E (Statements for Enlistment), dated 15 March 2011 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. Her honorable service dates only include her initial enlistment, but she reenlisted twice and extended her first reenlistment to able to deploy. She understands that her last reenlistment will not count towards her honorable service dates, but her first reenlistment and extension should be included. b. She is trying to get her honorable service dates changed so that her education benefits can be changed. Due to the incorrect dates, she is only entitled to 90 percent (%) from the Department of Veterans Affairs (VA) for benefits, but she served the required amount of time to received 100% of her VA benefits. c. She understands that she did not complete her entire second enlistment, but she did serve more than four years before that enlistment, which is more than enough to received full education benefits. 3. Her DD Form 4, dated 17 May 2006, shows she enlisted in the Regular Army (RA) for a period of 3 years. 4. Her DD Form 4, dated 7 January 2009, shows she immediately reenlisted for a period of 2 years. 5. She provides a DA Form 3340-R, dated 9 April 2010 showing she was approved for a voluntary extension of her enlistment for a contingency deployment with the Special Reconnaissance Regiment (SRR) and she would receive Deployment Extension Incentive Pay (DEIP). 6. A DA Form 1695, dated 9 April 2010, shows she voluntarily extended her original enlistment of 17 May 2006 for a period of 3 years and 8 months, which adjusted her new expiration term of service (ETS) date to 6 September 2011. 7. Orders SL-112-0153, dated 22 April 2010, show she was deployed in a temporary change of station in support of Operation Enduring Freedom, Afghanistan, with a reporting date of on or about 28 May 2010. 8. Her record contains a DD Form 4, dated 15 March 2011, showing she reenlisted in the RA for a period of 3 years. 9. On 3 January 2013, she was discharged from active duty and received an under honorable conditions (general) discharge due to physical standards. Her DD Form 214 contains the following information: a. Item 12a (Date Entered Active Duty This Period) – “2006 05 17.” b. Item 12b (Separation Date This Period) – “2013 01 03.” c. Item 12c (Net Active Service This Period) – "0006 07 17." d. Item 18 (Remarks) – * “CONTINUOUS HONORABLE ACTIVE SERVICE: 20060517 – 20090106 * IMMEDIATE REENLISTMENTS THIS PERIOD: 20090107 –20130103 * SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA” 7. Army Regulation 635-5 (Personnel Separations), chapter 5-6 (Rules for Completing the DD Form 214), states for block 18 (Remarks), “…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 for which DD Form 214 was not issued) until (date before commencement of current enlistment)." Then, enter the specific periods of reenlistment as prescribed above. BOARD DISCUSSION: 1. After reviewing the evidence, the Board agreed that the applicant's DD Form 214 does not accurately reflect her period of continuous honorable active service. The DD Form 214 should be corrected to show continuous honorable active service from 17 May 2006 to 14 March 2011 (the day prior to her reenlistment on 15 March 2011). 2. The Board also noted that the entry on her DD Form 214 documenting her immediate reenlistments is incorrect and should show immediate reenlistments on 7 January 2009 and 15 March 2011. 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 her DD Form 214 for the period ending 3 January 2013 as follows: a. Delete from item 18: "CONTINUOUS HONORABLE ACTIVE SERVICE: 20060517-20090106//IMMEDIATE REENLISTMENTS THIS PERIOD – 20090107- 20130103." b. Add to item 18: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20060517-20110314//IMMEDIATE REENLISTMENTS THIS PERIOD – 20090107- 20110314, 20110315-20130103." 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. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5, chapter 5-6 (Rules for Completing the DD Form 214), states for block 18 (Remarks), “…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 for which DD Form 214 was not issued) until (date before commencement of current enlistment). Then, enter the specific periods of reenlistment as prescribed above.” ABCMR Record of Proceedings (cont) AR20170001031 3 1