BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090005897 


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 item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and that the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" as shown in item 18 (Remarks) be corrected to show he did complete his first term of service.

2.  The applicant states that item 13 of his DD Form 214 should list the Army Achievement Medal.  He contends that he completed his first term of service on 21 December 1994 with immediate reenlistment on 22 December 1994.

3.  The applicant provides a copy of his DD Form 214; an Honorable Discharge Certificate, dated 21 December 1994; an award certificate for the Army Achievement Medal; and an oath of reenlistment, dated 22 December 1994, in support of his application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s enlistment contract shows he enlisted in the Regular Army on 2 September 1992 for a period of 2 years and 25 weeks.  He trained as a medical noncommissioned officer.  On 21 December 1994, he was honorably discharged for immediate reenlistment.

3.  The applicant's reenlistment contract shows he reenlisted on 22 December 1994 for a period of 2 years.

4.  On 31 October 1995, the applicant was discharged under honorable conditions.

5.  Item 13 of the applicant’s DD Form 214 does not show the Army Achievement Medal as an authorized award.  Item 18 of his DD Form 214 shows, in pertinent part, the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

6.  There are no orders for the Army Achievement Medal in the available records.  However, the applicant provided an award certificate which shows that Headquarters, 14th Combat Engineer Battalion, Order Number 30-31, dated 8 May 1995, awarded him the Army Achievement Medal for the period 18 February 1993 to 10 May 1995.

7.  Army Regulation 635-5 states, in pertinent part, that the mandatory entry:  "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" will be entered in item 18 of the DD Form 214.  The regulation states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The award certificate provided by the applicant which shows he was awarded the Army Achievement Medal is accepted as sufficient evidence with which to amend his DD Form 214 to show the Army Achievement Medal.

2.  Since the applicant enlisted on 2 September 1992 for a period of 2 years and 25 weeks and reenlisted on 22 December 1994, it appears that he completed his initial contracted period of service.  Therefore, in accordance with the governing regulation, the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" as shown on the applicant’s DD Form 214 should be corrected to show, "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 all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Army Achievement Medal to item 13 of his DD Form 214;
 
	b.  deleting the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE," from item 18 of his DD Form 214; and

	c.  adding the entry, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE," to item 18 of his DD Form 214.



      _____________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.

ABCMR Record of Proceedings (cont)                                         AR20090005897



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ABCMR Record of Proceedings (cont)                                         AR20090005897



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