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ARMY | BCMR | CY2002 | 2002069385C070402
Original file (2002069385C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR2002069385


         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Donald P. Hupman Member
Mr. Melvin H. Meyer 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 correction of item 11 (Primary Specialty) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) and that his records be corrected to show that he completed his first full term of service.

3. The applicant states that item 11 of his DD Form 214 shows 0 yrs and
0 months as a 51B10, which is incorrect. He also states that all service after
training should be recorded as months served in his specialty. Item 18 (Remarks) of his DD Form 214 is also incorrect and that he completed his first full term of service. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show he enlisted on 16 May 1996, as a carpentry and masonry specialist (51B), for a period of 4 years. He continued to serve until he was honorably discharged on 18 May 1999, in order to reenlist. He reenlisted on 19 May 1999, and continued to serve until he was honorably discharged on 1 August 2001. He had completed 5 years, 2 months, and
16 days of creditable service.

5. Item 11 of the applicant’s DD Form 214 shows the entry “51B10 00 CPTR AND MASONRY SP - 0 YRS - 0 MOS” (51B10 Carpentry and Masonry Specialist 0 Years and 0 Months). Item 35 (Record of Assignment) of his DA Form 2-1 (Personnel Qualification Record) shows that the applicant completed basic training (BT), advanced individual training (AIT), and was assigned as a carpentry and masonry specialist on 7 October 1996.

6. His DD Form 214, item 18 indicated that he has not completed his first full term of service.

7. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military service, will be entered in item 11 (Primary Specialty). For each MOS, list the title with the years and months served.

8. Army Regulation 635-5 provides policy and procedures for the preparation of the DD Form 214. It states, in pertinent part that the following statement will be added to all DD Form 214 without exception; “member (has) (has not) completed their first term of service.” Remarks are required for employment agencies to determine the eligibility criteria for former service members applying for unemployment compensation. It also states that a service member normally 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.

CONCLUSIONS:

1. The evidence of record shows that the applicant enlisted as a 51B, completed BT, AIT, and was assigned as a carpentry masonry specialist on 7 October 1996. The evidence also shows that the applicant has a cumulative total of 4 years and 10 months of total service as a “51B10.” Therefore, he is entitled to correction of item 11 of his DD Form 214 to show the entry “51B10 CPTR AND MASONRY SP 4 YRS 10 MOS.”

2. The applicant completed his first enlistment in accordance with applicable regulations. However, his DD Form 214 indicates that he did not complete his first enlistment, which is incorrect. Therefore, his DD Form 214 should be corrected to reflect in item 18 that he has completed his first full term of service.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by showing in item 11 of his DD Form 214 the entry “51B10 CPTR AND MASONRY SP 4 YRS 10 MOS”; and

b. by showing in item 18 of his DD Form 214 that he completed his first full term of service.

BOARD VOTE:

__fe____ __dh___ ___mm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON



INDEX

CASE ID AR2002069385
SUFFIX
RECON
DATE BOARDED 20020716
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20010801
DISCHARGE AUTHORITY AR 635-200 chapt 6
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 6
2.
3.
4.
5.
6.

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