IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013376
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 to 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. He states, in effect, item 18 reads, "Member Has Not Completed First Full Term of Service" and should read, "Member Has Completed First Full Term of Service." He enlisted on 5 October 2005 for 4 years and 6 weeks and was discharged on 28 February 2010, which means he completed his first term of service.
3. He provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 6 October 2005, for period of not less than 4 years and 6 weeks.
2. On 6 October 2009, the applicant's company commander notified the applicant that he was initiating action to separate him prior to his expiration of his term of service (ETS) (20 November 2009) under the provisions of Army Regulation 635-200 (Active Duty Enlisted Separations), chapter 14, paragraph 14-12c, for commission of a serious offense. On 14 October 2009, after consulting with counsel, the applicant acknowledged receipt of the proposed action.
3. On 15 October 2009, the applicant's company commander recommended the applicant be retained on active duty based on his professional conducted and cooperation with military authorities. The company commander stated it was his firm belief the applicant had a one time lapse in judgment that would never occur again. On 13 November 2009, the applicant's battalion commander recommended he be separated prior to his ETS under the provisions of Army Regulation 635-200, chapter 14.
4. On 23 November 2009, the appropriate separation authority approved his discharge prior to his ETS under the provisions of Army Regulation 635-200, chapter 14. Accordingly, he was discharged on 28 February 2010.
5. Orders 351-0006 were published by Headquarters, U.S. Army Garrison, Fort Meade, MD, on 17 December 2009, discharging him from the Army on 22 December 2009. Orders 357-0002, dated 23 December 2009, changed his discharge date to 28 February 2010.
6. He was issued DD Form 214 showing a credit of 4 years, 4 months, and 25 days of net active service in item 12c (Net Active Service This Period). Item 18 of his DD Form 214 contains the entry, "Member Has Not Completed First Full Term of Service."
7. Army Regulation 635-5 (Separation Documents) states item 18 will contain the mandatory entry, "Soldier (Has) (Has Not) Completed First Full Term of Service." 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. To determine if an enlisted Soldier has completed the first full term of enlistment, reference will be made to the enlistment documents and compare of the term(s) of enlistment to the net service in item 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, "has" will be entered. If item 12c is less than the Soldier's initial enlistment, "has not" is entered.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant enlisted in the Regular Army on 6 October 2005 for period of not less than 4 years and 6 weeks (4 years, 1 month, and 15 days). Action was initiated to separate him for misconduct prior to his ETS date of 20 November 2009. Final approval of his separation did not occur until after his ETS date and he was discharged from active duty on 28 February 2010. Item 12 of his DD Form 214 properly credited him with completion of 4 years, 4 months, and 25 days of net active service. Item 18 of his DD Form 214 shows the entry, "Member Has Not Completed First Full Term of Service."
2. As a result of the approval of his separation and publication of discharge orders after his ETS date, he had completed 4 years, 4 months, and 25 days of net active service at the time of his discharge on 28 February 2010. In accordance with pertinent regulations, if a Soldier has completed or exceeded the initial enlistment, "has" will be entered in Item 18. Therefore, he is entitled to correction of his DD Form 214, item 18, to read, "Member Has Completed First Full Term of Service."
3. In view of the foregoing, his records should be corrected as recommended below.
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 his DD Form 214, item 18, to show the entry, "Member Has Completed First Full Term of Service" and by providing him a corrected DD Form 214 that includes this correction.
___________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) AR20100013376
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