IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100021468
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed her first term of service.
2. The applicant states during her first enlistment, she was deployed to Iraq. While in Iraq, she was honorably discharged from the Army for the purpose of immediate reenlistment. She executed a reenlistment but she was ultimately discharged for parenthood.
3. The applicant provides:
* DA Form 3286-E (Statement for Enlistment)
* DA Form 340-R (Request for Reenlistment or Extension in the Regular Army (RA))
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 214
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report)
* Counseling statement
* Oath of Enlistment
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show she enlisted in the Regular Army (RA) for a period of 5 years on 29 December 1999. She completed basic combat and advanced individual training and she was awarded military occupational specialty 95B (Military Police). She was assigned to Fort Hood, TX.
3. Her records show she served in Iraq in support of Operation Iraqi Freedom from 25 March 2003 to 17 March 2004. While in Iraq, she was honorably discharged on 17 February 2004 and executed a 3-year reenlistment in the RA on 18 February 2004.
4. She was discharged on 20 September 2004 by reason of parenthood with a general discharge. Her DD Form 214 shows in:
* Item 12c (Net Active Service This Period) - "0004 08 22"
* Item 18 (Remarks) - Member has not completed first full term of service
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Chapter 2 states an entry is required in item 18 regarding the Soldier's completion or non-completion of first full term of service. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the RA for a period of
5 years on 29 December 1999. Her term of active service would have expired on 28 December 2004. However, she reenlisted on 18 February 2004 before the completion of her period of service. By virtue of this reenlistment, her first term of service was effectively redefined. Since the Army allowed her to reenlist prior to completion of her initial enlistment, she effectively completed her first term of service. Therefore, she is entitled to the requested relief.
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 from item 18 of her DD Form 214 the entry "member has not completed first full term of service" and adding the entry "Member has completed her 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) AR20100021468
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ABCMR Record of Proceedings (cont) AR20100021468
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