ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20190004020 APPLICANT REQUESTS: * issuance of DD Form(s) 214 (Certificate of Release of Discharge from Active Duty) for periods of honorable service * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (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 he requests a DD Form 214 for a period of Honorable service. 3. The applicant enlisted in the Active Army on 3 August 1981. His service records contain a DA Form 1695 (Oath of Extension of Enlistment) wherein he extended his enlistment for 22 months. 4. The applicant reenlisted in the Active Army on 13 December 1985 for a period of 4 years and again on 30 November 1988 for a period of 5 years. 5. The applicant was discharged from the Active Army on 10 October 1989. He received an Under Other than Honorable Conditions Discharge. He was discharged for the Good of the service - in lieu of Court-Martial. The applicant received an Army Good Conduct Medal (AGCM) 2d Award for the period of 4 August 1983 through 3 August 1987. 6. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940. The enlisted person must be evaluated as meeting all requirements and expectations for one of his grade, occupational specialty, and experience, and no convictions by court-martial. 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation published on 1 July 1979, and in effect at the time, ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. 8. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. 1. The board applied Office of the Secretary of Defense standards for consideration of discharge upgrade requests to the complete evidentiary record, including the applicant’s statement and found some evidence of previous honorable service that should be reflected on the applicant’s DD Form 214. The applicant had two full honorable enlistments and was allowed to reenlist on 30 November 1988. Absent a separation packet, the last date the Board can determine as honorable is the date the applicant was allowed to reenlist, 30 November 1988. So, the Board determined that the applicant’s period of honorable service is from 3 August 1981 until 30 November 1988. 2. However, the Board found insufficient evidence that the applicant’s period of honorable service completely mitigated the misconduct as the record is void of and the applicant did not provide a separation packet or court martial charge sheet, which would provide needed information about the misconduct that led to the discharge. Furthermore, Army Regulation 635-5 (Separation Documents) published on 1 July 1979, the governing regulation in effect during the applicant’s time of service, ended the need to prepare a separate DD Form 214 for subsequent enlistments. The applicant provided no evidence of post-service achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, the Board found that the characterization on the applicant’s current DD Form 214 was not in error or unjust and determined that no additional DD Form 214, showing an honorable discharge, is warranted. 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: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. 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 of service ending 10 October 1989: “Continuous honorable active service from 3 August 1981 until 30 November 1988.” 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 upgrading the characterization of his under other than honorable conditions discharge. 12/17/2019 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. REFERENCES: 1. Title 10, U.S. Code, 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 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation published on 1 July 1979, and in effect at the time, ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must be evaluated as meeting all requirements and expectations for one of his grade, occupational specialty, and experience, and no convictions by court-martial. //NOTHING FOLLOWS//