IN THE CASE OF: BOARD DATE: 27 May 2021 DOCKET NUMBER: AR20210006282 APPLICANT REQUESTS: in effect, the issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) to cover his period of honorable service from 12 November 1993 through 20 August 1997. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate, dated 20 August 1997 * Oath of Reenlistment Certificate, dated 21 August 1997 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States 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 that reflects his good service time between November 1993 and August 1997. His final DD Form 214 does not reflect the separation of his good service time from the less than honorable service time of his discharge. 3. A DD Form 4 (Enlistment/Reenlistment Document) shows that after a period in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP), the applicant was discharged from the USAR DEP for enlistment in the Regular Army on 12 November 1993. 4. A second DD Form 4 shows the applicant reenlisted in the Regular Army on 21 August 1997, after having served 3 years, 9 months, and 9 days in the Regular Army. 5. The applicant provided the following: * an Honorable Discharge Certificate, which shows he was honorably discharged from the U.S. Army on 20 August 1997 * an Oath of Reenlistment Certificate, which shows his sworn oath of reenlistment on 21 August 1997 6. Headquarters, Fort Stewart General Court-Martial Order Number 14, dated 30 May 2020, shows: a. The applicant was arraigned and tried by a General Court-Martial convened at Fort Stewart GA, where he was charged with multiple offenses to which he did not enter a plea. b. Having been arraigned, the court-martial proceedings were terminated by dismissal of charges by the convening authority on 5 May 2000. Due to the subsequent administrative discharge of the applicant from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, the charges and specifications were dismissed. 7. The applicant’s DD Form 214 shows the following: * he entered active duty on 12 November 1993 * he was discharged on 25 May 2000, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial * his character of service was under other than honorable conditions (UOTHC) * item 18 (Remarks) shows his continuous honorable active service from 12 November 1993 through 20 August 1997 and his immediate reenlistments this period were 12 November 1993 through 20 August 1997 8. In September 2008, the applicant applied to the Army Discharge Review Board (ADRB) requesting an upgrade of his UOTHC discharge. On 5 June 2009, the ADRB denied the applicant’s request, finding the reason and characterization of his discharge were both proper and equitable. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows his requested relief is annotated on his DD Form 214. Regulatory guidance does not provide for the issuance of a separate DD Form 214 to depict the requested relief. The Board determined there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents, including the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. The versions of this regulation dated prior to 15 August 1979, required the issuance of a DD Form 214 for enlisted Soldiers at the time of their discharge for the purpose of immediate reenlistment. b. The version of this regulation dated 15 August 1979 (and carried forward in all subsequent versions) ended the need to prepare a DD Form 214 for Soldiers discharged for immediate reenlistment. c. The 2 October 1989 version of this regulation, in effect at the time of the issuance of the applicant’s DD Form 214, provided the following specific guidance for completion of the DD Form 214: (1) In item 12a (Date Entered AD (active duty) This Period) enter the beginning date of the enlistment period or tour of duty for which a DD Form 214 was not issued. (2) In item 12b (Separation Date this Period) enter the separation date this period. Separation date may not be the contractual date if extended for makeup of lost time or Soldier has been held over for the convenience of the Government. (3) In item 12c (Net Active Service This Period) enter amount of service this period by subtracting 12a from 12b (Separation Date this Period). (4) In item 12d (Total Prior Active Service) enter the total amount of prior active military service less any lost time (5) In item 18 (Remarks) use this block for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long. Enter a list of reenlistment periods for which a DD Form 214 was not issued, if applicable, e.g. “Immediate reenlistments this period: 761218- 791001. For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except “honorable,” include the following statement: “Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued, e.g. 761218) Until (date before commencement of current enlistment, e.g. 821001); then enter the specific periods of reenlistments as prescribed above. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides that a member who had committed an offense or offenses for which the authorized sentence included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges were preferred. Although an honorable or general discharge could be directed, an Undesirable Discharge Certificate would normally be furnished to an individual who was discharged for the good of the service. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. A discharge UOTHC is an administrative separation from the service under conditions other than honorable. It may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial. When a Soldier is discharged UOTHC, the separation authority will direct an immediate reduction to the lowest enlisted grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006282 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1