IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080018481 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service.

2.  The applicant states, in effect, that his active duty service exceeded the period of his initial enlistment contract.

3.  The applicant provides a copy of his DD Form 214, his DD Form 4 (Enlistment/ Reenlistment Document Armed Forces of the United States), a personnel data printout, and a reservation for initial entry training in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Delayed Entry Program on 19 April 2004 and enlisted in the Regular Army on 16 September 2004.  His period of enlistment was 3 years and 24 weeks.  Records show that he completed basic and advanced individual training and was awarded the military occupational specialty 74D (Chemical Operations Specialist).  The highest rank he attained while serving on active duty was private first class/pay grade E-3.

2.  The personnel data printout provided by the applicant shows his expiration term of service as 20080301.  The initial entry training reservation printout shows his term of service as 3 years and 24 weeks.

3.  On 27 May 2008, the applicant was released from active duty under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in accordance with the National Defense Authorization Act of 2008 with an honorable characterization of service.  The DD Form 214 issued confirms he completed a total of 3 years, 8 months, and 12 days of creditable active service.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows the following entry pertinent to completion of service, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Section 2-1 of this regulation provides instructions for preparation of the DD Form 214.  Specifically, it states that in the Remarks section of the DD Form 214 the following statement will be added, "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."  It further states, that 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 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he completed his first full term of service was carefully considered and determined to have merit.

2.  The applicant's enlistment contract clearly states that the period of the enlistment contract was for 3 years and 24 weeks.  Item 12c of the applicant's DD Form 214 shows he completed 3 years, 8 months, and 12 days creditable active service which is approximately 2 months and 26 days more than the enlistment contract period.  Therefore the applicant's DD Form 214 should be corrected to show an entry of, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE."



BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected to show an entry of, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE."



      ________XXX_________________
       	     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.



ABCMR Record of Proceedings (cont)                                         AR20080018481





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ABCMR Record of Proceedings (cont)                                         AR20080018481



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