IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090014931
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, in effect, correction of item 18 (Remarks) of his
17 July 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service.
2. The applicant states, in effect, that the item 18 entry in question indicates he did not complete his first full term of service and should in fact show he had completed his first full term of service. He further states he has an honorable discharge certificate he receive after he reenlisted overseas.
3. The applicant provides his DD Form 214 and honorable discharge certificate in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he initially enlisted in the Regular Army for 3 years on 22 February 2006, and that he reenlisted for 6 years on 1 March 2008.
2. On 17 July 2009, the applicant was discharged under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct (drug abuse) and received a general, under honorable conditions discharge. The
DD Form 214 he was issued upon his separation shows he completed a total of 3 years, 4 months, and 26 days of active military service during the period covered by the DD Form 214 (22 February 2006-17 July 2009).
3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 18, state to enter the entry SOLIDER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE. The regulation states Soldier should not be considered to have completed the first full term of 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's contention that his DD Form 214 should be corrected to show he completed his first full term of service in item 18 was carefully considered and found to have merit.
2. By regulation, the first full term of service is effectively redefined by virtue of the reenlistment contract.
3. The evidence of record confirms the applicant enlisted in the RA for a period of 3 years on 22 February 2006, and that he reenlisted for 6 years on 1 March 2008, and that he completed a total of 3 years, 4 months, and 26 days of active service at the time of his discharge. Therefore, it would be appropriate to correct item 18 of his DD Form 214 by amending the entry regarding first full term of service by changing "has not" to "has."
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 amending item 18 by deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and replacing it with the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" and by providing him a correction to his DD Form 214 that reflects his change.
_______ _ x_______ ___
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) AR20090014931
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ABCMR Record of Proceedings (cont) AR20090014931
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