RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 January 2008
DOCKET NUMBER: AR20070011872
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.
Ms. Catherine C. Mitrano
Director
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. Paul M. Smith
Member
Mr. Larry C. Bergquist
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 that his Certificate of Release or Discharge from Active Duty (DD Form 214) be amended to show he did complete his first full term of service.
2. The applicant states, in effect, that he initially enlisted in the Army on 1 April 2003 and he reenlisted on 3 May 2005.
3. The applicant provides in support of his application a copy of his Oath of Reenlistment dated 3 May 2005; and a copy of his Honorable Discharge Certificate dated 2 May 2005.
CONSIDERATION OF EVIDENCE:
1. The applicants military record shows that he enlisted in the Army under the Delayed Entry Program on 27 January 2003. He enlisted in the Regular Army on 1 April 2003 for 3 years.
2. The applicant was honorably discharged on 2 May 2005 for the purpose of immediately reenlisting on 3 May 2005 for 6 years. On 9 November 2006, he was discharged, with a general discharge under honorable conditions, under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct.
3. Item 18 on the DD Form 214 that he was furnished at the time of his discharge contains 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. Paragraph 2-4h(18)(c) 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows there are two errors in item 18 of the applicants DD Form 214.
2. In accordance with regulatory guidance, he did meet the criteria to have his first term of service considered as being completed and this information was erroneously omitted from his DD Form 214. Therefore, it would now be in the interest of justice to correct his DD Form 214 to reflect the appropriate information.
3. He also immediately reenlisted in the Army during the period covering 1 April 2003 2 May 2005 and this information should also be included on his DD Form 214.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
__LCB__ __PMS__ __SLP ___ 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:
a) amending item 18 on his DD Form 214 to delete the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE; and
b) adding to item 18 on his DD Form 214 SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE and Continuous Honorable Active Service From 1 April 2003 Until 2 May 2005, IMMEDIATE REENLISTMENT THIS PERIOD 1 April 2003 2 May 2005.
___ Shirley L. Powell___
CHAIRPERSON
INDEX
CASE ID
AR20070011872
SUFFIX
RECON
DATE BOARDED
20080129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1. 1021
100.0000/ADMINISTRATIVE MATTER
2. 189
110.0000/DISCHARGE DOCUMENT
3.
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5.
6.
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