IN THE CASE OF:
BOARD DATE: 14 APRIL 2009
DOCKET NUMBER: AR20080014984
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first term of service.
2. The applicant states that he just found out that his DD Form 214 is incorrect. He claims that he reenlisted and completed his first term of service. He states he was discharged on his second term of service. He needs his DD Form 214 to show he completed his first term of service.
3. The applicant provides a copy of his DD Form 214 for the period ending 22 July 1998 and a letter from the Defense Finance and Accounting Service, Denver Center, dated 2 July 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 31 May 1995 for a period of three years.
3. The applicant was honorably discharged on 8 June 1997 for the purpose of immediate reenlistment. At the time of his discharge, he had completed 2 years and 8 days of his enlistment.
4. The applicant reenlisted on 9 June 1997 for a period of six years. He was discharged on 22 July 1998 under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct. He had completed 1 year and 14 days of active military service under his current enlistment.
5. Item 18 (Remarks) of his DD Form 214 for the period ending 22 July 1998 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In pertinent part, it states that item 18 is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.
7. Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 provides detailed instructions and source document(s) for completing each block of the DD Form 214. The regulation states that the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry which assists the State in determining eligibility for unemployment compensation entitlement. In pertinent part, it states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted on 31 May 1995 for a period of 3 years and reenlisted on 9 June 1997. Upon his reenlistment, his first enlistment contract was effectively redefined as an enlistment for 2 years and 8 days rather than for 3 years. Therefore, he completed his initial contracted period of service.
2. In accordance with the governing regulation, it would be appropriate to amend item 18 of his DD Form 214 to show the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."
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 all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214; and
b. adding the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" to item 18 of his DD Form 214.
_______ 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.
ABCMR Record of Proceedings (cont) AR20080014984
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