IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080006799
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his separation document (DD Form 214) be corrected to show that he has completed a first full term of service.
2. The applicant states, in effect, he was honorably discharged early from the Army to attend school. His records indicate that his original term of service was not completely served. Consequently, he is unable to receive unemployment compensation from the unemployment agency. The unemployment agency will pay his benefits if his military records indicate that he completed his term of enlistment.
3. The applicant provides a copy of his DD Form 214 and a Determination on Payment of Unemployment Benefits from the Texas Workforce Commission, dated 11 March 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he enlisted in the Regular Army on 18 March 2004 for a period of 4 years. He completed the necessary training and was awarded the military occupational specialty (MOS) 68W (Health Care Specialist).
2. The applicant served continuously until he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separation), paragraph 5-16, due to an early separation to further his education, on 15 January 2008. The narrative reason for separation was to attend civilian school. He completed 3 years, 9 months, and 28 days of Net Active Service This Period.
3. Item 18 (Remarks) of his DD Form 214 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
4. The applicant's enlistment/reenlistment contract (DD Form 4/1 and 4/3) shows that he enlisted in the Regular Component for a period of 4 years.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. Paragraph 18b (Mandatory entry), states, "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This same regulation state, in pertinent part, in order to determine if an enlisted Soldier has completed the first full term of enlistment you must compare the term(s) of enlistment 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 item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not." As an exception, if the narrative reason for separation on the DD Form 214 is "completion of required active service," then enter "has."
6. Title 10, USC, section 1171, states, in pertinent part, that under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he has completed a first full term of service.
2. The evidence shows that the applicant enlisted in the Regular Army for
4 years. At some point in time he requested for early release from active duty under the provisions of Army Regulation 635-200, paragraph 5-16, in order to further his education. Upon approval of his request the applicant was released from active duty on 15 January 2008, approximately 2 months and 4 days prior to his original expiration of his term of service on 18 March 2008. The narrative reason for separation from active duty was to attend civilian school.
3. Army Regulation 635-5 states that in order to determine if an enlisted Soldier has completed the first full term of enlistment you must compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not." Therefore, he is not entitled to correction of his records to shows that he completed his first full term of service.
4. The applicant is advised that since he was discharged within 3 months of the expiration of the term of his enlistment or extended enlistment, his discharge does not affect any right, privilege, or benefit that he would have had if he completed his enlistment or extended enlistment, except that he is not entitled to pay and allowances for the period not served, as stated in Title 10 USC, section 1171.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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