IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100007455
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 full term of service.
2. The applicant states he reenlisted on 9 November 2009 (in a separate application, he said he reenlisted on 3 April 2009) placing him on his second term.
3. The applicant provides a DD Form 214, Oath of Reenlistment Certificate, and an Honorable Discharge Certificate in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 8 January 2007 for a period of 8 years. He was discharged from the DEP and enlisted in the Regular Army on 14 March 2007 for 3 years and
16 days. He reenlisted on 3 April 2009 for 4 years. On 9 November 2009, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14 by reason of pattern of misconduct. He received a general discharge, under honorable conditions.
2. Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service and states the following:
a. paragraph 2-4h(18)(b) states that the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry. This information assists the State in determining eligibility for unemployment compensation entitlement.
b. paragraph 2-4h(18)(b)1 states that, routinely, 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.
c. paragraph 2-4h(18)(c) states that, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates) will be entered. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except Honorable, then "Continuous Honorable Active Service from" (first day of service for which DD Form 214 was not issued) Until" (date before commencement of current enlistment) will be entered. Then, the specific periods of reenlistments as prescribed above.
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 has been carefully reviewed.
2. He initially enlisted in the Regular Army on 14 March 2007. By virtue of his reenlistment on 3 April 2009, he effectively completed his first full term of service. His DD Form 214 erroneously shows he did not complete his first full term of service. Therefore, his DD Form 214 should be corrected accordingly.
3. He had more than one enlistment period during the time covered by his
DD Form 214. Therefore, his DD Form 214 should be corrected to reflect this reenlistment.
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 from item 18 of his DD Form 214 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE";
b. adding to item 18 of his DD Form 214 the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE";
c. adding to item 18 of his DD Form 214 the entry "IMMEDIATE REENLISTMENT THIS PERIOD 20090403 20091109"; and
d. adding to item 18 of his DD Form 214 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20070314 20090402."
___________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) AR20100007455
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ABCMR Record of Proceedings (cont) AR20100007455
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