RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060012592
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, in effect, that block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he completed his first full term of service.
2. The applicant essentially states that he completed all of his service obligations according to his military occupational specialty 91E (Dental Specialist) training, but is currently unable to collect unemployment compensation due to the fact that his DD Form 214 states that he did not complete his first full term of service.
3. The applicant provides his DD Form 214 and a document that an unemployment office sent him in his support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
2 August 2006, the date of his discharge from the Regular Army. The application submitted in this case is dated 25 August 2006.
2. The applicants military records show that he enlisted in the Regular Army on 7 April 2004 for a period of 6 years. However, his DD Form 214 shows that he was discharged on 2 August 2006 after completing just 2 years, 3 months, and 26 days of his 6-year enlistment. His DD Form 214 also shows that he was discharged under the provisions of paragraph 16-2 (Discharge for Acceptance into a Program Leading to a Commission or Warrant Officer Appointment), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). Block 18 of this document contains two entries, one of which is Member has not completed first full term of service.
3. The applicant essentially states that he completed all of his service obligations; however, he only completed 2 years, 3 months, and 26 days of his
6-year active duty commitment according to his enlistment contract.
4. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation specifies, in pertinent part, that in block 18, a mandatory entry of Soldier (has) (has not) completed first full term of service will be entered. This information assists the State in determining eligibility for unemployment compensation entitlement. This regulation also states, in pertinent part, 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. To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment document and compare the term of enlistment to the net service in block 12c (Net Active Service This Period) of the DD Form 214. If 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 contends that block 18 of his DD Form 214 should be corrected to show that he completed his first full term of service.
2. While the Board does not doubt the veracity of the applicants contention that he completed all of his service obligations, as he only completed 2 years,
3 months, and 26 days of his 6-year active duty commitment from his enlistment contract, he clearly did not complete his first full term of service. Evidence of record also shows that he voluntarily requested discharge in order to enter an officer training program. Regrettably, absent evidence that conclusively shows that he completed 6 years of active duty service as specified in his enlistment contract into the Regular Army, there is no basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JS___ ___DH __ __JH____ 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 Slone_________
CHAIRPERSON
INDEX
CASE ID
AR20060012592
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
110.0000.0000
2.
3.
4.
5.
6.
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