IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100019774 


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, he completed the Air Assault School, and he was awarded the Expert Infantryman Badge.

2.  The applicant states he completed his first full term of service by serving a total of 4 years, 2 months, and 5 days of active service.  He further states he completed air assault training at Fort Campbell, Kentucky and he was awarded the Expert Infantryman Badge at Fort Benning, Georgia.

3.  The applicant provides copies of his DD Form 214, DD Form 4 (Enlistment/Reenlistment Document), DA Form 3340 (Request for Reenlistment or Extension in the Regular Army), letter from the Army Continuing Education System Division, Fort Benning, dated 17 September 2008; Diploma from the Air Assault Course, dated 24 May 2005; Orders 144-164; dated 24 May 2005; certificate for award of the Expert Infantryman Badge, dated 6 March 2008; and Permanent Orders 064-167, dated 6 Mach 2008.  

CONSIDERATION OF EVIDENCE:

1.  On 13 July 2004, the applicant enlisted in the Regular Army for a period of 
4 years and 16 weeks [4 months].  His expiration term of service date was established as 13 November 2008.  He was subsequently awarded military occupational specialty 11B1P (Infantryman with Parachutist Qualification.) 

2.  Orders 144-164, Fort Campbell, dated 24 May 2005, awarded the applicant the Air Assault Badge and additional skill identifier (ASI) 2B indicating his air assault skills.

3.  On 8 February 2008, the applicant reenlisted in the Regular Army for 2 years.  His ETS date was re-established as 7 February 2010.

4.  Permanent Orders 064-167, Fort Benning, dated 6 March 2008, award the applicant the Expert Infantryman Badge.

5.  On 17 September 2008, the applicant was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations) due to misconduct.  He had completed a total of 4 years, 2 months, and 5 days of creditable active duty service.

6.  The applicant's DD Form 214 shows in:

	a.  Item 12c (Net Active Service this Period) 4 years, 2 months, and 5 days;

	b.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal [with bronze service star], Army Service Ribbon, Overseas Service Ribbon, and the Combat Infantryman Badge;	

	c.  Item 14 (Military Training) Airborne, 3 weeks, 2007 and Infantryman (11B) One Station Unit Training (OSUT),16 weeks; and

	d.  Item 18 (Remarks) Member has not completed first full term of service.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty:

	a.  Item 12c will show the total net active service for the period covered by the DD Form 214.

	b.  Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Solider in job placement and counseling; therefore, training courses for combat skills are not to be listed.  

	c.  Item 18 will include a statement indicating whether the Soldier has or has not completed his first full term of service.  This information is provided to assist the State in determining eligibility for unemployment compensation entitlement.  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, the first term of service is effectively redefined by virtue of the reenlistment contract.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he completed his first full term of service, he completed the Air Assault School, and he was award of the Expert Infantryman Badge.

2.  The available evidence clearly shows the applicant's initial enlistment was for a period of 4 years and 4 months.  Item 12c of his DD Form 214 shows he completed only 4 years, 2 months, and 5 days, which is short on his original obligation.  Because his first term of service was terminated for the purpose of an immediate reenlistment, it was therefore redefined as having been fully completed.  Accordingly, his DD Form 214 should be corrected to show that he completed his first full term of service.

3.  The available evidence clearly shows he completed the Air Assault Course during the period covered by the DD Form 214.  However, this course teaches how to perform combat assault landings and does not qualify for entry on the 
DD Form 214.  Therefore, this portion of his request should be denied. 

4.  Orders show the applicant was awarded the Air Assault Badge and the Expert Infantryman Badge.  Therefore, these badges should be shown in Item 13 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding in Item 13 of his DD Form 214 the Air Assault Badge and the Expert Infantryman Badge; and

	b.  deleting from item 18 of his DD Form 214 "Member "has not" completed first full term of service"; and

	c.  adding in item 18 of his DD Form 214 "Member "has" completed first full term of service."

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Boards recommends denial of so much of the application that pertains to showing he completed air assault training.



      _______ _  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)                                         AR20100019774



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ABCMR Record of Proceedings (cont)                                         AR20100019774



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