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ARMY | BCMR | CY2010 | 20100025457
Original file (20100025457.txt) Auto-classification: Denied

		
		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100025457 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 18, have the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" corrected to "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."

2.  The applicant states he completed his first full term of service.  He was released early to attend school but the separation date of his DD Form 214 doesn't reflect the new date.

3.  The applicant does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 July 2004 for 4 years and 16 weeks, establishing his expiration of term of service (ETS) as 12 November 2008.

2.  On 15 July 2008, he requested early separation to attend Fresno City College.

3.  His request was approved.  Accordingly, on 8 August 2008 he was honorably released from active duty.  The DD Form 214 he was issued, Item 12c (Net 

Active Service This Period) has 4 years and 26 days entered.  Item 18 has the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

4.  Army Regulation 635-5 (Separation Documents) states that the entry: “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is mandatory in Block 18 (Remarks).  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 Soldier’s initial enlistment, enter “has not.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 4 years and 26 days of a 4 year and 16 week (4 month) enlistment.  Therefore, he did not complete his first full term of service and the entry in Item 18 is correct.

2.  The applicant appears to believe that his ETS should have been adjusted when he was given an early release from active duty.  This is not true.  A Soldier's ETS is established by enlistment, reenlistment, and extension documents.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 

are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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.

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ABCMR Record of Proceedings (cont)                                         AR20100025457



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