ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20180006402


APPLICANT REQUESTS: the issuance of a separate DD Form 214 (Certificate of 
Release or Discharge from Active Duty) for the period 6 March 1985 (date he initially 
entered) to 18 December 1987 (date he reenlisted).  He also requests a personal 
appearance before the Board. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document)
*	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 he never received honorable discharge paperwork for his first 
tour of duty (6 March 1985 until he reenlisted on 18 December 1987).  He request to be 
issued a separate DD Form 214 that only shows his original enlistment complete with 
honorable discharge status and rank at the time his first commitment ended. 

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army (RA) on 11 March 1985.  He held military 
occupational specialty 95B (Military Police).  

	b.  He served in Germany from 18 July 1985 to 8 July 1988.  

	c.  He was reduced to private first class/E-3 on 6 August 1986 and promoted back to 
specialist four (SP4)/E-4 on 1 June 1987. 

	d.  He reenlisted in the RA on 18 December 1987.  
	e.  On 24 April 1989, he requested voluntary discharge in lieu of trial by court-
martial, authorized to impose a bad conduct or a dishonorable discharge.  His chain of 
command recommended approval with the issuance of an under other than honorable 
conditions discharge. 

	f.  On 4 May 1989, consistent with the chain of command's recommendation, the 
separation authority approved the applicant's request for discharge under the provisions 
of Army Regulation (AR) 635-200 (Personnel Separations), chapter 10, for the good of 
the service - in lieu of trial by court-martial, with an under other than honorable 
conditions discharge and reduction to the lowest enlisted grade.  

	g.  On 11 May 1989, the applicant was discharged accordingly.  His DD Form 214 
shows he was discharged under the provisions of chapter 10 of AR 635-200, in lieu of 
trial by court-martial with an under other than honorable conditions characterization of 
service.  He completed 4 years, 2 months, and 6 days of active service.  Block 18 
(Remarks) does not list his "continuous honorable service." 

4.  By regulation (AR 635-5), 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.  The information entered thereon reflects the conditions 
as they existed at the time of separation.  The applicant served continuously on active 
duty from 11 March 1985 to 11 May 1989.  

5.  By regulation (AR 635-8), currently in effect and provides for the preparation and 
distribution of the DD Form 214, for item 18 (Remarks) for 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 some 
relief was warranted.  The applicant’s contentions were carefully considered.  Effective 
1979, the DD Form 214 was no longer issued for immediate reenlistments.  The 
applicant reenlisted in 1987, therefore, he would not receive a DD Form 214 for the 
period already served.

However, the Board did note 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.



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 amending 
his DD Form 214 for the period ending 11 May 1989 by:

     a.  deleting in block “(DEP) 18 DEC 87-5 MAR 85,” and replacing it with “(DEP) 
19850125 – 19850305”;

     b.  adding the following additional statements to block 18 

*	Continuous honorable active service from 19850306 – 19871217
*	Immediate reenlistments this period 19850306 – 19871217; 19871218 - 
19890511
*	Member has completed first full term of service

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 issuing a separation document for his immediate 
reenlistment.

	  
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 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  It states the DD Form 214 is a 
summary of a Soldier's most recent period of continuous active service.  It provides a 
brief, clear-cut record of active duty service at the time of release from active duty, 
retirement, or discharge.  

3.  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).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180006402

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