IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007601 


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 item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active duty) be corrected to show the entry “MEMBER COMPLETED FIRST FULL TERM OF SERVICE” instead of “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.”  

2.  The applicant states he should have been given credit for completing his first term of service based on his reenlistment.

3.  The applicant provides:

* DD Form 214
* One page of his initial enlistment contract
* Reenlistment contract 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s enlistment contract shows he enlisted on 14 September 2005 for a period of 3 years and 20 weeks.  He trained as a motor transport operator. 

2.  His DD Form 4/1 (Enlistment//Reenlistment Document), dated 12 May 2007, shows the applicant reenlisted for a period of 5 years.  This form shows the entry "IMMEDIATE REENLISTMENT."  This form also shows the applicant had 1 year, 7 months, and 28 days of prior active service and this was his first reenlistment.    

3.  On 19 October 2009, the applicant was discharged under honorable conditions (a general discharge).

4.  Item 12a (Date Entered AD [active duty] This Period) on the applicant's DD Form 214 shows the entry "2005 09 14" [14 September 2005].  Item 18 on his DD Form 214 shows, in pertinent part, the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.” 

5.  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 on 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:

Since the applicant enlisted on 14 September 2005 for a period of 3 years and 
20 weeks and he reenlisted on 12 May 2007, it appears 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” 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.  deleting the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” in item 18 on his DD Form 214; and    

	b.  adding the entry, “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE” in item 18 on 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)                                         AR20100007601





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ABCMR Record of Proceedings (cont)                                         AR20100007601



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