RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060011738
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.
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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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show he did complete his first full term of service.
2. The applicant states that he did complete his first full term of service and he reenlisted on 21 August 2003.
3. The applicant provides his DD Form 214 and his Enlistment/Reenlistment Document.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Delayed Entry Program on 2 February 2001. He enlisted in the Regular Army on 22 February 2001 for 3 years. He was honorably discharged on 20 August 2003 for the purpose of immediately reenlisting on 21 August 2003 for 3 years.
2. The applicant was discharged on 9 August 2004 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct with issuance of a general under honorable conditions discharge.
3. Item 18 (Remarks) on his DD Form 214 shows the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE and does not indicate he had an immediate reenlistment.
4. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Paragraph 2-4h(18)(b) states that the entry SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE is a mandatory entry. This information assists the State in determining eligibility for unemployment compensation entitlement. Paragraph 2-4h(18)(b)1 states 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.
5. Paragraph 2-4h(18)(c) of Army Regulation 635-5 states that, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates) will be entered. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except Honorable, then Continuous Honorable Active Service From (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment) will be entered. Then, the specific periods of reenlistments as prescribed above will be entered.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows there are two errors in item 18 of the applicants DD Form 214. In accordance with regulatory guidance, he did meet the criteria to have his first term of service considered as being completed in full and the period of his first term of service is not entered.
2. Therefore, it would be appropriate to amend item 18 on the applicants DD Form 214 to:
a. delete the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE; and
b. add the entries SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE and Continuous Honorable Active Service From 22 February 2001 Until 20 August 2003, IMMEDIATE REENLISTMENT THIS PERIOD: 22 February 2001 - 20 August 2003.
BOARD VOTE:
x______ x_____ x_____ 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 the DD Form 214, item 18 of the individual concerned be corrected by:
a. deleting the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE; and
b. adding the entries SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE, Continuous Honorable Active Service From 22 February 2001 Until 20 August 2003; and IMMEDIATE REENLISTMENT THIS PERIOD: 22 February 2001 - 20 August 2003.
x___________
CHAIRPERSON
INDEX
CASE ID
AR20060011738
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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