RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 November 2004
      DOCKET NUMBER:  AR2004102937


      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             |
|     |MR. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert O. Fry                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
he initially enlisted for a period of four years.

2.  The applicant states, in effect, he renegotiated his initial enlistment
contract (DD Form 4) on 31 March 1999.  He claims this renegotiation
resulted in his five year enlistment for training in military occupational
specialty (MOS) 19D being changed to a four year enlistment for training in
MOS 31R.  However, subsequent to this renegotiated change, the necessary
administrative corrections to his DD Form 4/1 and 4/3 were never made.

3.  The applicant provides copies of his enlistment contract and associated
documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he initially enlisted in the Army
Delayed Entry Program (DEP) on 1 July 1998.  The Record of Military
Processing-Armed Forces of the United States (DD Forms 1966/1, 1966/2,
1966/3 and 1966/4) show he initially enlisted for training in MOS 19D,
which required a five-year enlistment.

2.  A Statement for Enlistment United States Army DEP (DA Form 3285-59),
dated 31 March 1999, shows the applicant changed his enlistment option to
training in MOS 31R.  This annex to the applicant’s enlistment contract
further confirms the period of enlistment for this training option was four
years.

3.  The Statement of Understanding-United States Army Enlistment Incentive
Program (DA Form 3286-66) prepared on the applicant on 22 June 1999,
the date he entered active duty also confirms he was enlisting for training
in
MOS 31 and that his enlistment period was four years.  The applicant and
the recruiting official processing him for entry on active duty
authenticated this document with their signatures.

4.  The DD Form 1966/3 prepared on the applicant on the date he entered
active duty, 22 June 1999, contains a remarks entry from the recruiting
guidance counselor that confirms the applicant renegotiated his contract on
31 March 1999, which changed his enlistment option to training in MOS 31R
and a four-year enlistment.  This entry contains the name of the
renegotiation approving official and control number.

5.  The applicant’s Enlisted Record Brief (ERB) is illegible, but it
appears from other documents on file that his term of service was
established as four years and his expiration of term of service (ETS) was
established as 21 June 2003.  The applicant was contacted and indicated his
extension on active duty was the result of the Army’s Stop Loss policy in
effect at the time.

6.  On 11 August 2003, the applicant’s unit commander prepared a
recommendation for the applicant’s separation under the provisions of
paragraph 14-12c, for misconduct (commission of a serious offense).  The
applicant information entered in the unit commander’s recommendation
confirms the applicant enlisted on 22 June 1999 and that his term of
service was 48 months
(4 years).  This unit commander extracted this information from the
applicant’s ERB .

7.  On 15 September 2003, the applicant was separated under the provisions
of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct and
received a general, under honorable conditions discharge.  The separation
document (DD Form 214) shows he completed a total of 4 years, 2 months and
24 days of creditable active military service.  Item 18 (Remarks) contains
an entry that indicates the applicant did not complete his first full term
of service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

9.  Chapter 2 of the separation documents regulation contains item-by-item
instructions for the DD Form 214.  It states, in pertinent part, that Item
18 will contain a mandatory entry regarding the soldier’s completion of
his/her first full term of service.  The instructions indicate that
routinely, 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.  It
further specifies that to determine if an enlisted soldier has completed
the first full term of enlistment, refer to the enlistment/reenlistment
documents and compare the term(s) of enlistment to the net service in block
12c of the DD Form 214.  If soldier has completed or exceeded the initial
enlistment, enter "has."  If item 12c of the DD Form 214 is less than the
soldier's initial enlistment, enter "has not."
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that on 31 March 1999, the applicant
renegotiated the enlistment contract he initially entered into on 1 July
1998.  Enlistment documents on file confirm this renegotiation resulted in
the term of his enlistment changing from five to four years.  However, it
is also clear that the administrative changes that should have been made to
enlistment contract, specifically the 5 year entry in Item 8a of the DD
Form 4/1 and in Item 20a of the DD Form 4/3, were never made.  The period
of enlistment contained in Item 8 of the DD Form 4/1 and Item 20a of the DD
Form 4/3 should have been changed from 5 to 4 years subsequent to the 31
March 1999 renegotiation.

2.  In view of the facts of this case, it would be appropriate to correct
the applicant’s enlistment contract to read 4 years in Item 8a of the DD
Form 4/1 and in Item 20a of the DD Form 4/3 vice 5 years as is currently
listed.  It would also be appropriate to correct the term of service entry
in Item 18 of his DD Form 214 by deleting the current entry “MEMBER HAS NOT
COMPLETED FIRST FULL TERM OF SERVICE” and adding the entry “MEMBER HAS
COMPLETED FIRST FULL TERM OF SERVICE”.

BOARD VOTE:

__JCH __  ___LE _ _  ___HOF _  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
amending Item 8a of his DD Form 4/1 and Item 20a of his DD Form 4/3 by
deleting the entry 5 years and replacing it with the entry “4 years”; and
by amending his DD Form 214 by deleting the current Item 18 entry “MEMBER
HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and replacing it with the
entry ”MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE”; and by providing
him a corrected separation document that reflect this change.




                             _____James C. Hise________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004102937                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/18                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2003/09/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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