IN THE CASE OF:
BOARD DATE: 16 APRIL 2009
DOCKET NUMBER: AR20090001138
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 item 18 (Remarks) 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 was enlisted for 8 years, 6 months, and 3 days and reenlisted twice. He had the clerk correct his record and somehow the entry was added. He states he did not look at block 18 again because it was correct the first time.
3. The applicant provides his DD Form 4 (Enlistment/Reenlistment Document) dated 26 February 2000 and his DD Form 4, dated 10 September 2003, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 March 2000 for a period of four years. He was discharged on 9 September 2003 for the purpose of immediate reenlistment. He had completed 3 years, 5 months, and 19 days of his enlistment contract.
2. The applicant reenlisted on 10 September 2003 for a period of three years. He was discharged on 14 November 2006 for the purpose of immediate reenlistment. He had completed 3 years, 2 months, and 5 days of his reenlistment contract.
3. He reenlisted on 15 November 2006 for a period of four years.
4. The applicant was discharged on 22 September 2008 under the provisions of Army Regulation 635-200, paragraph 5-8 by reason of parenthood. At the time of his discharge, he had completed a total of 8 years, 6 months, and 2 days active military service.
5. Item 18 of his DD Form 214 shows, in pertinent part, 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 21 March 2000 for a period of four years and reenlisted on 10 September 2003 and 15 November 2006. Therefore, he completed his initial contracted period of service.
2. Therefore, in accordance with the governing regulation, the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" in item 18 of the applicant's DD Form 214 should be corrected 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" in item 18 on his DD Form 214; and
b. adding the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" in item 18 on 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) AR20090001138
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ABCMR Record of Proceedings (cont) AR20090001138
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