IN THE CASE OF: 

		BOARD DATE: 3 January 2022

		DOCKET NUMBER: AR20210008707


APPLICANT REQUESTS:

*	issuance of an additional DD Form 214 (Certificate of Discharge or Release from 
Active Duty) to show his previous period of honorable service
*	a personal appearance hearing before the Board

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).

FACTS:

1.  The applicant did not file within the 3-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 executed an immediate reenlistment and was never issued a 
DD Form 214 for his initial period of service. He did receive an Honorable Discharge 
Certificate and an Army Good Conduct Medal.

3.  He enlisted in the Regular Army on 13 June 1979 for a period of 3 years.

4.  Headquarters, 82d Airborne Division, Orders 42-120, 3 March 1982 discharged him 
on 17 March 1982 for immediate reenlistment.

5.  He reenlisted on 18 March 1982 for a period of 3 years.

6.  Headquarters, 82d Airborne Division, Permanent Orders 93-65, 19 May 1982, 
awarded him the Army Good Conduct Medal for the period of service from 13 June 
1979 to 12 June 1982.

7.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted 
to the rank/grade of specialist five/E-5 effective 1 July 1982. Item 27 (Remarks) of his 
DA Form 2-1 shows he was arrested by civilian authorities on 7 May 1984 while on an 
authorized pass. He was charged for trafficking drugs and sentenced to 5 months in jail, 
3 years of probation, and a fine.

8.  He was discharged on 4 March 1985. He completed 5 years, 3 months, and 9 days 
of net active service. His DD Form 214 shows in:

*	item 4a (Grade, Rate, or Rank) – PV1
*	item 4b (Pay Grade) – E-1
*	item 12a (Date Entered Active Duty This Period – 13 June 1979
*	item 12b (Separation Date This Period) – 4 March 1985
*	item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized), in part – Army Good Conduct Medal
*	item 18 (Remarks) – Immediate Reenlistment This Period: 13 June 1979-
17 March 1982
*	item 24 (Character of Service) – Under Other Than Honorable Conditions
*	item 28 (Narrative Reason for Separation) – Misconduct – Pattern of Misconduct

9.  His Official Military Personnel File does not contain an Honorable Discharge 
Certificate.


BOARD DISCUSSION:

After reviewing the application, all supporting documents and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and applicable regulatory guidance were carefully 
considered. Based on the documentation available for review, the Board found sufficient 
evidence of a prior period of honorable service to warrant relief.

The applicant's request for a personal appearance hearing was carefully considered. In 
this case, the evidence of record was sufficient to render a fair and equitable decision. 
As a result, a personal appearance hearing is not necessary to serve the interest of 
equity and justice in this case.




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 reissuing him a DD214 for 
the period ending 4 March 1985 showing in Block 18 (Remarks):  
 
CONTINUOUS HONORABLE ACTIVE SERVICE FROM 13 June 1979 UNTIL 17 
MARCH 1982 
 
 
                                                                                                          1/24/2022 
 
                                   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.







ADMINISTRATIVE NOTE(S): The applicant reenlisted on 18 March 1982, thereby 
terminating his initial term of enlistment beginning on 13 June 1979 and beginning a 
new term of enlistment effective 18 March 1982.




REFERENCES:

1.  Title 10, U.S. 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 ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), effective 1 October 1979, 
prescribed the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military service or control of the Army. It 
established standardized policy for preparing and distributing the DD Form 214. 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) stated a DD Form 214 will not be prepared for enlisted 
members discharged for immediate reenlistment in the Regular Army.

	b.  Paragraph 2-8 (DD Form 214 Instructions) stated for:

*	items 4a and b, enter the active duty grade of rank and pay grade at the time 
of separation
*	item 12, enter the date of the first day of the last immediate reenlistment for 
which a DD Form 214 was not issued under the provisions of paragraph  
1-4b(5)
*	item 18, enter a list of enlistment periods for which a DD Form 214 was not 
issued under the provisions of paragraph 1-4b(5) – example: IMMEDIATE 
REENLISTMENTS THIS PERIOD: 761210-791001; 791002-821001

3.  Army Regulation 635-5 (Separation Documents), effective 30 September 2000, 
prescribed the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military service or control of the Army. It 
established standardized policy for preparing and distributing the DD Form 214. The 
specific instructions for item 18 for enlisted Soldiers who 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 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)	AR20210008707


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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