IN THE CASE OF: BOARD DATE: 23 August 2023 DOCKET NUMBER: AR20230001042 APPLICANT REQUESTS: in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 March 2013 to show his continuous honorable active service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4/1 (Enlistment/Reenlistment Document) * United States Senate, request for assistance for medical record (Undated) * Congress of the United States, House of Representative, Privacy Release Form, dated 9 September 2019 * Congress of the United States, House of Representative, Inquiry Response, dated 11 October 2019 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, during his first term of service he received an honorable discharge after 3-years and 22 weeks of service. His DD Form 214 does not reflect this, which is an error. He reenlisted in 2008 after a combat deployment to Iraq. His second enlistment was for a 5-year term of service. Due to this error, he has not been entitled to any benefits. He has not been successful in obtaining his first enlistment contract. 3. The applicant initially into the United States Army Reserve for a period of 8 years on 15 August 2005; he agreed to serve in the delayed entry program (DEP). a. On 25 August 2005, he was discharged from the DEP, and he enlisted in the Regular Army on 25 August 2005, for a 3-year and 22-week term of service. b. His expiration term of service (ETS) date would have been 26 January 2009, based on the date of enlistment and the period he agreed to serve on active duty. 4. The applicant deployed and served in Iraq from 26 October 2006 to 9 December 2007. 5. His record does not contain, nor does he provide a second enlistment contract or any documentation showing he executed an extension. However, the Army Human Resources Command's (AHRC) Service Data section of the applicant's Soldier Management Services - Web Portal (SMS Web) record contains the entry, "Date Last Rel. Act. Duty: 2008/09/18." 6. The applicant was discharged from active duty on 22 March 2013, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 3, as the result of court-martial, with a dishonorable character of service. His DD Form 214 shows he completed 5 years, 11 months, and 17 days of net active service this period and contains the following information or entries in item 18: a. "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" b. There are no entries regarding immediate reenlistments this period. c. There are no entries referring to continuous honorable active service. 7. Regulatory guidance requires entries in item 18 for Headquarters DA mandatory requirements when a separate block is not available. This includes mandatory entries pertaining to whether a Soldier completed their first term of service, conducted immediate reenlistments during the period covered and if they did complete reenlistments and are in receipt of a less than honorable character of service, an entry showing their period of continuous honorable active service. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant’s had a prior period of honorable service which is not currently reflected on his DD Form 214 for the period ending 22 March 2013 and recommended that a change be completed to more accurately show the applicant’s period of honorable service by granting relief to correct the applicant’s record showing his continuous honorable service for the period of 20050825 UNTIL 20080915. Therefore, relief was granted. 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 additional statement to item 18 (Remarks) of his DD Form 214 to show * SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE * CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20050825 UNTIL 20080915 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, 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), in effect at the time established standardized policy for preparing and distributing the DD Form 214. This regulation states, Block 18 (Remarks) will be used for HQDA mandatory requirements when a separate block is not available, a. Mandatory entry: “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE.” The following guidance will help determine which entry to use. (1) Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. (2) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter “has.” If item 12c of the DD Form 214 is less than the Soldier’s initial enlistment, enter “has not.” b. For enlistment, Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” (SPECIFY DATES). However, for Soldier’s 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 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) AR20230001042 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1