Mr. Carl W. S. Chun | Director | |
Mrs. Nancy Amos | Analyst |
Mr. Raymond V. O’Connor, Jr. | Chairperson | |
Mr. John P. Infante | Member | |
Mr. William D. Powers | Member |
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
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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