BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090016967
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 item 18 (Remarks) on his 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he has completed his first full term of service vice has not.
2. The applicant states that he believes a mistake was made on the entry and he needs it corrected in order to obtain education benefits. He states he did complete his initial contract.
3. The applicant provides a copy of his 2009 DD Form 214 and a copy of his enlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicants enlistment contract states that on 8 March 2006 he enlisted in the Regular Army for a period of 3 years and 18 weeks. He was apparently involuntarily extended due to stop loss. On 29 July 2009 he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c (misconduct serious offense) after being charged on two separate occasions with driving under the influence in the span of one year.
2. His administrative separation was approved on 17 July 2009 and there is no indication the applicant had any lost time.
3. Item 12c (Net Active Service This Period) on the applicants DD Form 214 shows he was credited with 3 years, 4 months, and 22 days of active service between the date of his entry on active duty (8 March 2006) and the date of his discharge (29 July 2009).
4. Army Regulation 635-5 (Separation Documents) states that item 18 (Remarks) will contain the entry the SOLIDER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE. To determine if an enlisted Soldier has completed the first full term of enlistment refer to the enlistment/reenlistment document and compare the term of enlistment to the net service in item 12c of the DD form 214. If the Soldier has completed or exceeded the initial enlistment, enter has. If item 12c on the DD form 214 is less than the Soldiers initial enlistment, enter has not.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted for a period of 3 years and 18 weeks of service in the Regular Army. Item 12c of his DD Form 214 indicates that he served 3 years,
4 months, and 22 days of net active service, 12 days more than his initial enlistment contract. As such, the applicant did complete his first full term of service and item 18 on his 2009 DD Form 214 should be corrected accordingly.
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 showing in item 18 on his 2009 DD Form 214 that he has completed his first full term of service.
_______ _ _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.
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