IN THE CASE OF: BOARD DATE: 31 January 2022 DOCKET NUMBER: AR20210010342 APPLICANT REQUESTS: issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his honorable service from 1977 to 1980. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 31 August 2020 * Honorable Discharge Certificate, 15 January 1980 * DD Form 214 FACTS: 1. The applicant did not file within the three-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 served in the U.S. Army from 1977 to 1980, under honorable conditions. On 15 January 1980, he reenlisted in the U.S. Army; and he attached the certificate that he received for that reenlistment. 3. Review of the applicant's service records shows: a. He enlisted in the U.S. Army on 16 June 1977. He held military occupational specialty 63N (M60 Tank System Mechanic). b. He was discharged on 14 January 1980 for immediate reenlistment. He was not issued a DD Form 214 for this period because on 1 October 1979, the Army discontinued the issuance of a separate DD Form 214 on immediate reenlistment. c. The applicant reenlisted on 15 January 1980. d. His separation packet, including his DD Form 458 (Charge Sheet) and request for voluntary discharge in lieu of trial by court-martial, are not available for review with this case. e. The applicant was discharged from active duty on 21 July 1982. His DD Form 214 shows he was discharged UP of AR 635-200 (Personnel Separations), chapter 10, for the good of the service in lieu of court-martial, with the issuance of an under other than honorable certificate. He completed 5 years, 1 month and 7 days of active service. His DD Form 214 also shows in: * Item 12a (Date entered AD this Period) – 15 June 1977 * Item 12b (Separation Date this Period) – 21 July 1982 * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Expert Qualification Badge with Rifle Bar, M-16 * First Class Qualification Badge with Grenade Bar * Amy Good Conduct Medal * Army Service Ribbon * Item 18 (Remarks) – shows, in part, immediate reenlistments this period: 770615 to 800115 5. The applicant provided a certificate that shows his honorable discharge from the U.S. Army on 21 July 1982. 6. By regulation (AR 635-5), the DD Form 214 is a summary of a 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. * Item 12a (Date Entered AD [active duty]- the date of the first date of the last immediate reenlistment for which a DD Form 214 was not issued * Item 12b - the separation date this period * Item 18 - all enlistment periods for which a DD Form 214 was not issued, example: Immediate reenlistment this period: then list the dates 7. By regulation (AR 635-200), a member who has committed an offense for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. A discharge under other than honorable conditions is normally considered appropriate. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. The Board noted the applicant’s prior period of honorable service and concurred with the correction. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for partial relief. 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD214 for the period ending 21 July 1982 to show in item 18 (Remarks): “Continuous honorable service 1977-06-15 to 1980-01-14” 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): A review of the applicant’s records shows his DD Form 214 omitted administrative entries in the Remarks block. As a result, amend the DD Form 214 by adding in item 18 the entry “Continuous honorable service 1977-06-15 to 1980-01-14.” ? 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect then, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for RA Soldiers on termination of active duty because of administrative separation (including separation because of retirement or ETS), physical disability separation, or punitive discharge resulting from a court-martial. The specific instructions for: * Item 12a (Date Entered AD [active duty]- the date of the first date of the last immediate reenlistment for which a DD Form 214 was not issued * Item 12b - the separation date this period * Item 18 - all enlistment periods for which a DD Form 214 was not issued, example: Immediate reenlistment this period: then list the dates 3. Army Regulation 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). 4. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. A discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. When a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade per Army Regulation 600–8–19. a. 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. b. 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. 5. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010342 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1