IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100016909
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending 20 November 2009 be corrected to show the entry MEMBER COMPLETED FIRST FULL TERM OF SERVICE instead of MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.
2. The applicant states:
* Item 18 of this DD Form 214 also states "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERIVCE BENEFITS AND ENTITLEMENTS" and he believes these terms are contradictory
* He did complete the time for which he was activated
* This DD Form 214 was constructed using temporary records
3. The applicant provides a copy of his DD Form 214 for the period ending
20 November 2009 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard on 19 February 2004 for a period of 8 years. He was ordered to active duty for training (ADT) on 1 February 2005 and released from active duty on 7 June 2005 for completion of period ADT.
2. The applicant was ordered to active duty on 19 April 2006 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 19 July 2006 to 20 April 2007. On 12 May 2007, he was released from active duty for completion of required active service. His DD Form 214 for the period ending 12 May 2007 shows the entry MEMBER COMPLETED FIRST FULL TERM OF SERVICE in item 18.
3. The applicant was ordered to active duty on 9 June 2007 in support of Operation Enduring Freedom. On 20 November 2009, he was discharged under honorable conditions (a general discharge) for misconduct and released from the custody and control of the Army.
4. Item 18 of the applicant's DD Form 214 for the period ending 20 November 2009 shows, in pertinent part, the entries "SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT," "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE, and "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS."
5. Army Regulation 635-5 states, in pertinent part, that the mandatory entry: SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE will be entered in item 18 on the DD Form 214. The regulation 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.
6. Information obtained from officials at the Human Resources Command (HRC), Fort Knox, Kentucky revealed if a Soldier has a prior DD Form 214 that says "HAS" completed first full term of service in item 18 then any subsequent DD Forms 214 would also have to say "HAS" completed first full term of service in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 12 May 2007 shows the entry MEMBER COMPLETED FIRST FULL TERM OF SERVICE in item 18. Therefore, in accordance with guidance from HRC, the entry MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE of the applicants DD Form 214 for the period ending 20 November 2009 should be corrected to show SOLDIER 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 deleting the entry, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214 for the period ending 20 November 2009 and replacing it with "SOLDIER HAS COMPLETED 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.
ABCMR Record of Proceedings (cont) AR20100016909
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016909
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