IN THE CASE OF: BOARD DATE: 3 May 2022 DOCKET NUMBER: AR20220000583 APPLICANT REQUESTS: issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the period of his service which was honorable service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), 30 August 2021. 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, in effect, his first enlistment was honorable and would it would allow benefits for him. 3. On 24 March 1981, the applicant enlisted in the Regular Army for a period of 3 years. He completed Basic Combat Training, he was awarded military occupational specialty 71 L (Administrative Specialist) and he was attained the rank of specialist/E-4. 4. On 19 August 1983, he extended his 3-year enlistment by 18 months. 5. On 28 March 1985, he was discharged from the Regular Army in order to reenlist. 6. On 29 March 1985, he reenlisted for a period of 3 years in pay grade E-4. 7. On 26 September 1985, his company commander recommended his discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, for misconduct. 8. A Board of Officers met on 14 January 1986 and following consideration of his case recommended his discharge for misconduct. 9. The separation authority memorandum approving his discharge is not contained in the available records however, separation orders issued by 187th Personnel Service Company, reassigned him to U.S. Army Separation Transfer Point, Fort Dix, with a reporting date and date of discharge on 11 March 1986. 10. On 11 March 1986, he was discharged by reason of misconduct-pattern of misconduct with an under other than honorable conditions characterization of service. His DD Form 214 shows in item 18, in part, "Immediate Reenlistments This period 810324 to 850328." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant served continuously from 24 March 1981 until he was discharged on 11 March 1986. The DD Form 214 is a record of continuous active service. In October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of immediate reenlistment. As separate DD Form 214 is not issued if the service is continuous. Nevertheless, while his second period of service was less than honorable, his first period of service was honorable. Board members noted that an entry for his continuous honorable service may be entered in the Remarks block of his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XX: XXX: XX: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 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: “Continuous honorable active service from 24 March 1981 until 28 March 1985. 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 issuing him a separate DD Form 214 for his first period of service. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect on 1 July 1981, prescribed the separation documents which were 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 DD Form 214. a. paragraph 1-4b(5) stated a DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA. b. Table 2-1. DD Form 214 Preparation Instructions. In block 18 (Remarks). Use the remarks section for entries required by HQDA for which a separate item is not available on the form and completing entries that were too long for their blocks. 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; 791002-821010. 3. Army Regulation 635-5, Interim Change, in effect on 2 October 1989, implemented by DODI 1336.1, provided updated instructions for completing the DD Form 214. In item 18 it stated, this must be the first entry in block 18. Enter list of reenlistment periods for which a DD Form 214 was not issued, if applicable, e.g., "Immediate reenlistments this period: 761218-791001; 791002-821001." However, 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," the following statement will appear as the first entry in block 18, "Continuous Honorable Active Service From (first day of service for which a DD Form 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000583 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1