BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100026957 


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 item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed her first full term of service. 

2.  The applicant states she enlisted on 1 April 2004, completed her first term of service, and reenlisted in Iraq on 14 March 2008. 

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document), dated 14 March 2008
* DD Form 214, dated 20 January 2010
* Enlisted Record Brief (ERB)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army (RA) for 3 years on 1 April 2004 and held military occupational specialty 21C (Bridge Crewmember).  

2.  She served in Iraq from 1 January 2005 to 17 December 2005 and from 25 May 2007 to 18 August 2008.

3.  While in Iraq, she executed a 4-year reenlistment in the RA.  Although her DD Form 4 is unsigned, her ERB shows in Section III (Service data) 13 March 2010 as her ETS (expiration of term of service) date.  Item 8b (Remarks) of her DD Form 4 shows she was retained on active duty from 1 April 2007 to 13 March 2008 for the convenience of the Government, under the provisions of Title 10, U.S. Code (USC), section 12305 (Presidential Authority). 

4.  The facts and circumstances surrounding her discharge are not available for review with this case.  However, her DD Form 214 shows she was discharged on 20 January 2010 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) with a general character of service.  This form shows the following entries:

* Item 12a (Date Entered AD (Active Duty) This Period) - "2004  04  01"
* Item 12b (Separation Date This Period) - "2010  01  20"
* Item 12c (Net Active Service This Period) - "0005  04  28"
* Item 18 "Member has not completed first full term of service"
* Item 29 (Dates of Time Lost During This Period) - "Under (Title) 10, USC, (section) 972:  20090622 - 20091113"

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation states extreme care is used in completing the record of service block since post-service benefits, final pay, retirement credit, and so forth are based on this information. 

6.  Item 18 of the DD Form 214 is used for Department of the Army mandatory requirements when a separate block is not available.  One mandatory entry is whether a Soldier has or has not completed first full term of service.  Routinely, a Soldier is not 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.  If the 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."  

7.  Additionally, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter “Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment).  Then, enter the specific periods of reenlistments.
8.  Item 29 of the DD Form 214 shows time lost and is subtracted from Net Active Service This Period (block 12c) if the lost time was not "made good."  Lost time under Title 10, USC, section 972 is not creditable service for pay, retirement, or veteran’s benefits.  However, the Army preserves a record (even after time is made up) to explain which service between date of entry on active duty (block 12a) and separation date (block 12b) is creditable service.  For enlisted Soldiers, item 29 shows inclusive periods of time lost to be made good under Title 10, USC, section 972.

DISCUSSION AND CONCLUSIONS:

1.  She enlisted on 1 April 2004 for 3 years, was retained on active duty for 11 months and 13 days from 1 April 2007 to 13 March 2008, and reenlisted on 14 March 2008 for 4 years.  She was discharged on 20 January 2010.  She completed 5 years and 5 days of net active service (5 years, 4 months, and      28 days of active service less 4 months and 23 days of lost time).  Since her initial enlistment was terminated by her reenlistment, she is considered to have completed her first term of enlistment and is entitled to correction of her DD Form  214 to show the correct entry.

2.  Additionally, since she had previously reenlisted without being issued a DD Form 214 and she was separated with a general character of service, she is also entitled to correction of her DD Form 214 to show her continuous honorable active service from the day of service for which a DD Form 214 was not issued until the date before commencement of her last enlistment and the specific period of reenlistment.

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:

* Removing from item 18 of her DD Form 214 the entry "Member has not completed first full term of service"
* Adding to item 18 of her DD Form 214 the entries "Member has completed first full term of service//Continuous honorable service from 20040401 to 20070313//Immediate Reenlistment 20070314//



      _______ _ 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)                                         AR20100026957



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ABCMR Record of Proceedings (cont)                                         AR20100026957



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