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ARMY | BCMR | CY2001 | 2001062400C070421
Original file (2001062400C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 November 2001
         DOCKET NUMBER: AR2001062400


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. John P. Infante Member
Mr. William D. Powers Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he did complete his first full term of service.

3. The applicant states that the entry in item 18 of his DD Form 214 is preventing him from receiving assistance at the local State employment office.

4. The applicant’s military records show that he enlisted in the Regular Army on 13 May 1997 for 4 years. He was honorably discharged on 17 May 2000 for the purpose of immediately reenlisting on 18 May 2000 for 6 years.

5. On 29 June 2001, the applicant was recommended for separation due to misconduct. The recommendation was approved and on 26 July 2001 he was discharged after completing 4 years, 2 months, and 14 days of creditable active service with no lost time. Item 18 contains the statement “Member has not completed first full term of service.”

6. Commander, U. S. Total Army Personnel Command (PERSCOM) message 150800Z February 1995 clarified an earlier message concerning the requirement to add a statement in item18 of the DD Form 214 concerning a member’s initial term of service. It directed that the following statement would be added to all DD Forms 214 without exception: “Member (has) (has not) completed first term of service.” The remark was required for employment agencies to determine the eligibility criteria for former service members applying for unemployment compensation. Normally, a member should not be considered to have completed the first full term of active service if separation occurs prior to the end of the initial contracted period of service. However, if a member reenlists prior to the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment and should be considered to have been completed upon execution of a reenlistment contract. If a soldier has reenlisted, he/she is considered to have completed the first full term of enlistment.

CONCLUSIONS:

1. The Board concludes that there is an error in item 18 of the applicant’s DD Form 214. In accordance with PERSCOM message 150800Z February 1995, he did meet the criteria to have his first term of service considered as being completed in full.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That the applicant’s DD Form 214, item 18, be amended to show he had completed his first full term of service.

BOARD VOTE:

__rvo___ __jpi___ __wdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001062400
SUFFIX
RECON
DATE BOARDED 20011129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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