IN THE CASE OF:  

BOARD DATE:  15 October 2020

DOCKET NUMBER:  AR20200002552


APPLICANT REQUESTS:  In effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show his period of honorable active service 
from 24 July 1986 through 10 August 1994.

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), dated 23 December 2019
*	DD Forms 256A (Honorable Discharge Certificate), dated 8 March 1993 and 
10 August 1994
*	Character Reference Letter, dated 5 July 1997
*	Letter from the Office of the Judge Advocate, Headquarters, U.S. Army School of 
the Americas, Fort Benning, GA, dated 22 September 1999

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), 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 enlisted in the Regular Army on 24 July 1986.  He reenlisted in the 
Regular Army on 25 January 1990, 9 March 1993, and 11 August 1994.

3.  The applicant’s record is void of a separation packet containing the specific facts and 
circumstances surrounding his discharge processing.  However, his record does contain 
a DD Form 214 that identifies the authority and reason for his separation.

4.  The applicant was discharged on 28 June 1997, under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 10, for the 
good of the service – in lieu of trial by court-martial.  His DD Form 214 shows in:

*	Item 12c (Net Active Service This Period), he was credited with serving 10 years, 
11 months, and five days
*	Item 18 (Remarks), the entry "MEMBER HAS COMPLETED FIRST FULL TERM 
OF SERVICE"
*	Item 24 (Character of Service), his service was characterized as under other than 
honorable conditions (UOTHC)

5.  The applicant provides a letter detailing the circumstances surrounding his request 
for Chapter 10 discharge, and a character reference letter.

BOARD DISCUSSION:

The Board found the applicant's DD Form 214 for the period ending 28 June 1997 is 
missing important entries that affect his eligibility for post-service benefits. As a result, 
the Board determined item 18 of his DD Form 214 should be amended by adding the 
following entries:

*	IMMEDIATE REENLISTMENTS THIS PERIOD: 860724 – 900125; 900126 – 
930308; 930309 – 940810
*	CONTINUOUS HONORABLE ACTIVE SERVICE FROM 24 JUL 86 TO  
10 AUG 94


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 adding the following 
entries:

*	IMMEDIATE REENLISTMENTS THIS PERIOD: 860724 – 900125; 900126 – 
930308; 930309 – 940810
*	CONTINUOUS HONORABLE ACTIVE SERVICE FROM 860724 – 940810

 

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 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 (Personnel Separations – Separation Documents), in effect 
at the time, prescribes the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It establishes 
the standardized policy for preparing and distributing the DD Form 214.  It states the 
DD Form 214 provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.

	a.  Paragraph 1-4b(5) of the regulation in effect at the time stated that a  
DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate 
reenlistment in the Regular Army.

	b.  Paragraph 2-4h(18) of the regulation currently in effect states that item 18 
documents the remarks that are pertinent to the proper accounting of the separating 
Soldier's period of service.  Subparagraph (c) states that for enlisted Soldiers with more 
than one enlistment period during the time covered by the DD Form 214, enter 
"IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates.  For 
Soldiers who have previously reenlisted without being issued a DD Form 214 and who 
are later separated with any characterization of service except "honorable," enter 
"CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service which 
DD Form 214 was not issued) UNTIL (date before commencement of current 
enlistment)."  Then, enter the specific periods of reenlistments as prescribed above.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002552

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20200002552


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ABCMR Record of Proceedings (cont)	AR20200002552


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