ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170011953 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his second reenlistment period as 22 May 1989 through 15 March 1995. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter, dated 23 May 2017 * Orders R-06-003085, U.S. Army Reserve Personnel Center, St. Louis, MO, dated 19 June 1989 REFERENCES: 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. 2. Army Regulation 135-18 (The Active Guard Reserve (AGR) Program), in effect at the time, established policies and prescribed procedures for administration of the AGR Program. Paragraph 2-9 (Length of Periods of Active Duty or Full Time National Guard Duty) stated AGR Soldiers would be ordered to active duty or Full-Time National Guard Duty for an initial 3-year period. Subsequent enlisted Soldier periods of active duty would not exceed the terms of the Soldier's enlistment or reenlistment agreement, or an extension of an enlistment or reenlistment agreement, not to exceed 6 years. 3. Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program), in effect at the time, governed the immediate reenlistment or extension of current members of the U.S. Army Reserve. a. Paragraph 8-8 (Periods of Active Duty) stated the initial tour of active duty in an AGR status would be for 3 years. The active duty service commitment for all subsequent AGR tours of duty would be governed by the term of service of a Soldier's immediate reenlistment agreement (not to exceed 6 years), or the length of the extension of the current enlistment or reenlistment agreement. b. Paragraph 8-8b stated for continuation on AGR status by reenlistment, the orders will cite the number of years of active duty that coincides with the term of service of the immediate reenlistment. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. Paragraph 2-4 (Completing the DD Form 214) stated 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. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the ABCMR 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 the second reenlistment entry in item 18 (Remarks) of his DD Form 214 for the period ending 31 October 2000 should read 22 May 1989 through 15 March 1995. The error was discovered by the Civilian Retirement Services Branch and is now holding up his civilian retirement from the Department of Veterans Affairs on 30 June 2017. The error on his DD Form 214 will prohibit the Office of Personnel Management from approving and issuing him a retirement order. 3. He enlisted in the U.S. Army Reserve on 28 September 1977 for a period of 6 years. He was discharged on 27 June 1978 for immediate enlistment in the Regular Army. 4. He enlisted in the Regular Army on 28 June 1978 for a period of 3 years. 5. He reenlisted on 17 August 1981 for a period of 3 years. 6. On 16 August 1986, he was honorably discharged. He completed 6 years, 1 month, and 19 days of net active service during this period. Item 18 of his DD Form 214 shows his immediate reenlistment during this period as 17 August 1981 through 16 August 1981 (should read 16 August 1984). 7. He again enlisted in the U.S. Army Reserve on 14 November 1984 for a period of 1 year.? 8. His Army Military Human Resource Record does not contain a subsequent enlistment/reenlistment or extension document or initial orders to active duty in the Active Guard Reserve Program. 9. U.S. Army Reserve Personnel Center Orders R-06-003085, dated 19 June 1989, released him from active duty and discharged him for the purpose of immediate reenlistment in the U.S. Army Reserve. He reenlisted and was concurrently ordered to active duty in the AGR Program effective 22 May 1989 for an active duty commitment of 6 years. The standard name line in these orders show he was assigned to the AGR Program at the time of his discharge and immediate reenlistment. 10. On 16 December 1998, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 11. On 31 October 2000, he retired by reason of sufficient service for retirement. He completed 15 years, 2 months, and 12 days of net active service during this period for a total of 21 years, 6 months, and 19 days of total active service. Item 18 of his DD Form 214 shows the entry: "IMMEDIATE REENLISTMENTS THIS PERIOD – 19841113-19890521 [13 November 1984 through 21 May 1989], 19850522-19950315 [22 May 1985 through 15 March 1995]" (should read 19890522-19950521, followed by periods of reenlistment or extension through his date of separation). BOARD DISCUSSION: 1. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the reenlistments in the record and the reason for his separation (retirement). Based on a preponderance of evidence, the Board determined that an error was present that required a correction to the applicant’s record. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. ? 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 DD Form 214 for the period of service ending 31 October 2000 to reflect his second period of Immediate Reenlistment in item 18 (Remarks) as – “19890522-19950521” vice “19850522-19950315.” 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011953 4 1