ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20170017489 APPLICANT REQUESTS: a DD Form 214 (Certificate of Release or Discharge from Active Duty) for honorable service from 24 February 1981 to 4 March 1984 with current awards and without no remarks on excess leave. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate * Reenlistment Photo 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. He was honorably discharged on 4 March 1984 for immediate reenlistment. He opted to reenlist under the terms he would be assigned to Germany, command sponsored. He received a call regarding his orders, an assignment to Korea without command sponsorship, which was not part of the reenlistment discussion. He contacted both his chain of command and the legal office to discuss his options. b. The family had given up their home in preparation for their reassignment to Germany and his children were 6 and 5 years old. He was ordered to go to Korea by his commander, in spite of the hardship it would cause his family, and they left him no choice but to take measures in support of his family to prevent from leaving them homeless. He served our country honorably and faithfully for three years, he received a Good Conduct Medal and an honorable discharge, and would like to be buried with honors when he passes. 3. The applicant provides a copy of his Honorable Discharge Certificate dated 4 March 1984 and a reenlistment photo taken on the day of his reenlistment. 4. A review the applicant’s service record shows: a. Having had prior service (2 months and 7 days), he enlisted in the Regular Army (RA) on 24 February 1981 He served in Hawaii from 8 June 1981 to 23 September 1982. b. He was honorably discharged on 4 March 1984 for immediate reenlistment. He reenlisted in the RA on 5 March 1984. His DD Form 4 (Enlistment/Reenlistment Document) show she reenlisted for the Regular Army Reenlistment Option and Selective Reenlistment Bonus in military occupational specialty 11B (Infantryman). c. An entry for absent without leave (AWOL) was noted on the DA Form 2-1 (Personnel Qualification Record) with a date of 26 November 1984. He was subsequently dropped from rolls (DFR) on 26 December 1984. d. On 23 January 1985 his status was changed on the DA Form 4187 (Personnel Action) from dropped from the rolls to present for duty. He surrendered to military authorities at Fort Devens, MA. e. The complete facts and circumstances surrounding the applicant's discharge are not available for the Board to review. There are no documents in the record that provide evidence of preferral of charges or initiation and approval of a Chapter 10, separation for the good of the service, in lieu of court-martial. f. On 24 January 1985, he submitted a DA Form 31 (Request and Authority for Leave) for excess leave beginning on 25 January 1985, indefinitely, and it was approved. The excess leave was taken prior to his discharge. g. His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged from active duty on 28 February 1985 in accordance with chapter 10 (in lieu of trial by court-martial) of Army Regulation 635-200 (Personnel Separations) with an under other than honorable conditions discharge. His DD Form 214 shows: * he completed 3 years, 10 months, and 10 days of active service with 2 months and 17 days of prior active service and lost time from 26 November 1984 to 23 January 1985, and excess leave of 34 days * he was awarded or authorized Good Conduct Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Hand Grenade, and Sharpshooter Marksmanship Qualification Badge with Dragon Gunner 5. By regulation, a. 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. On 1 October 1979, the Army stopped issuing a separate DD Form 214 for each period of enlistment, induction, or reenlistment. b. 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). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. The Board noted that the applicant had a prior period of honorable service, which is not currently reflected on his DD Form 214 and recommended that change be completed to more accurately depict his military service. However, The Board determined that the DA Form 31 in his record confirms the excess leave entry on his DD Form 214, and determined there was no error or injustice with the entry as listed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following additional statement to block 18 (Remarks) of his DD Form 214 for the period ending 28 February 1985: “Continuous honorable active service from 24 February 1981 until 4 March 1984.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removing the excess leave entry on his DD Form 214. 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 (AR) 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. It states for item 18 (Remarks) to 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). 3. AR 635-200 (Personnel Separation – Enlisted Personnel), in effect at the time, sets for the basic authority for separation of enlisted personnel. a. Paragraph 10-1 (General) states a member who has committed an offense or offenses, the punishment for which, under the Uniform Code of Military Justice (UCMJ), includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service. b. Paragraph 10-2 (Personal Decision) states commanders will insure that a member will not be coerced into submitting a request for discharge for the good of the service. The member will be given a reasonable time (not less than 72 hours) to consult with consulting counsel and to consider the wisdom of submitting such a request for discharge. c. Paragraph 10-7 (Discharge Authority) states the separation authority will be a commander exercising general court-martial jurisdiction or higher. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170017489 4 1