RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060012587
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.
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 her DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected in Block 18 (Remarks) by changing the statement "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" to "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."
2. The applicant states she completed all service obligations associated with her training as a dental specialist. She adds she is unable to collect unemployment compensation because of her DD Form 214.
3. The applicant provides her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. In accordance with her DD Form 4 (Enlistment/Reenlistment Document), the applicant enlisted in the United States Army Reserve for 8 years on 16 August 2003 under the Delayed Entry/Enlistment Program (DEP). She was subsequently discharged from the DEP and enlisted in the Regular Army for
6 years on 7 April 2004.
2. The applicant's DD Form 214 shows she was honorably discharged on 2 August 2006 for the purpose of entering an officer training program. She completed 2 years, 3 months, and 26 days of her 6-year term of service.
3. Army Regulation (AR) 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 and establishes standardized policy for preparing and distributing the DD Form 214. It provides for the following mandatory entry in Block 18 (Remarks): "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This entry is made to assist the States in determining eligibility for unemployment compensation entitlement. To determine if an enlisted Soldier has completed the first full term of enlistment, the DD Form 4 must be consulted and the term of enlistment therein compared to the net service in block 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter has. If block 12c of the DD Form 214 is less than the Soldiers commitment, enter has not.
DISCUSSION AND CONCLUSIONS:
1. The applicant's first full term of service was contracted for 6 years; however, she only served slightly more than one-third of that term.
2. AR 635-5 is clear on how to determine the "has/has not" portion of the remark "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." Based upon the regulation, the applicant clearly did not complete her first full term of service.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jtm___ __tmr___ __rmn___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
John T. Meixell
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060012587
SUFFIX
RECON
DATE BOARDED
20070417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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