BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023920
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 the entry at item 18 (Remarks) of his DD Form 214 related to his not having completed of his first term of service is incorrect and should be corrected.
3. The applicant provides copies of his DD Form 214 and two Fort Jackson, SC memoranda, dated 31 August 1995.
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 applicant enlisted in the Regular Army on 31 October 1990 for a period of 4 years.
3. He was honorably discharged on 28 June 1994 for the purpose of immediate reenlistment. He reenlisted on 29 June 1994 for a period of 3 years. He was honorably discharged on 27 July 1995 having served 4 years, 8 months, and 27 days of total active service.
4. Item 18 (Remarks) of the applicant's DD Form 214 shows, in effect, he served from 31 October 1990 through 28 June 1994 prior to his reenlistment on 29 June 1984. Item 18 also shows the entry "Member did not complete first full term of service."
5. The applicant provided a letter to him from Headquarters, U.S. Army Training Center, Fort Jackson, SC, dated 31 August 1995, informing him that an error was found on his DD Form 214 as noted in an attached memorandum to the commander of the Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 31 August 1995. This memorandum requested ARPERCEN correct the applicant's DD Form 214 to read "Member has completed first full term of service." There is no evidence any corrective action was taken.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states that for item 18, use the remarks section for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks. When completing a long entry, place the item number before the rest of the comment. One of the mandatory entries is SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE. This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use:
a. 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.
b. To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If Soldier has completed or exceeded the initial enlistment, enter has. If item 12c of the DD Form 214 is less than the Soldiers initial enlistment, enter has not.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry at item 18 of his DD Form 214 relating to him not completing his first full term of service is incorrect and should be corrected has been carefully considered and found to have merit.
2. Evidence shows that on 31 August 1995 the applicant was informed in writing of the error on his DD Form 214 that this error would be corrected by ARPERCEN. There is no indication ARPERCEN corrected his DD Form 214 as requested.
3. The applicant is shown to have completed his first full term of service with his reenlistment on 27 July 1995. Therefore, it would be appropriate at this time to correct item 18 of his DD Form 214 entry to show the applicant in fact completed his first full term of service.
4. In view of the foregoing, the applicant's DD Form 214 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 deleting from item 18 of his DD Form 214 the entry "MEMBER HAS NOT
COMPLETED FIRST FULL TERM OF SERVICE" and replacing it with the entry "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) AR20100023920
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ABCMR Record of Proceedings (cont) AR20100023920
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