| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Barr | Member |
2. The applicant requests that he be issued a Certificate of Release or Discharge from Active Duty, DD Form 214, for his first period of enlistment.
3. The applicant states that the way his current DD Form 214 reads is a bar to Department of Veterans Affairs (VA) medical care that he might be entitled to for his honorable service during his first enlistment. He provides his DD Form 214 as supporting evidence.
4. The applicant’s military records show that he enlisted in the Regular Army on 10 August 1987 for 4 years. He was honorably discharged on 11 April 1991 for the purpose of immediately reenlisting on 12 April 1991. He was discharged on 17 May 1994 with a bad conduct discharge.
5. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. Effective 1 October 1979, the requirement to prepare a DD Form 214 upon the discharge of an enlisted soldier for immediate reenlistment was ended.
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.” 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 applicant was properly not issued a DD Form 214 upon his discharge on 11 April 1991 for immediate reenlistment. However, in accordance with PERSCOM message 150800Z February 1995 the applicant did meet the criteria to have his first term of service considered as being completed in full. The failure of his DD Form 214 to reflect this information appears to be hindering his efforts to obtain certain VA benefits.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That the applicant’s DD Form 214, item 18 be amended to show he had completed his first full term of service.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__FNE __ __ BJE _ __WDB __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Fred N. Eichorn _
CHAIRPERSON
| CASE ID | AR2002075228 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | PARTIAL GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001062400C070421
Item 18 contains the statement “Member has not completed first full term of service.” 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. That the applicant’s DD Form 214, item 18, be amended to show he had completed his first full term of service.
ARMY | BCMR | CY2001 | 2001059782C070421
The Board considered the following evidence: Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. It would not be appropriate to change the applicant’s records to show that he was discharged honorably from the reenlistment commencing on 10 November 1982.
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The applicant requests correction of military records as stated in the application to the Board and as restated herein. The appellate review must be completed and the affirmed sentence ordered duly executed.In accordance Army Regulation 635-5, effective 1 October 1979, a DD Form 214 is no longer prepared for a soldier who is honorably discharged for the purpose of immediately reenlisting. However, if a member reenlists prior to the completion of that period of service, the first term of...
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The Board considered the following evidence: The Army Discharge Review Board had denied his request for an upgraded discharge on 6 February 1980 (not 1988). That all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 28 April 1970.
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