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ARMY | BCMR | CY2011 | 20110003297
Original file (20110003297.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110003297 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 18 (Remarks), be corrected from reading "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS" to "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS"

2.  The applicant states she has documents showing she completed her first full term of service.

3.  The applicant provides a memorandum from her commander and her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that she enlisted in the U.S. Army Reserve (USAR) on 23 February 2010 for 8 years.

2.  She performed her initial entry training (IET) from 27 April to 23 September 2010.

3.  Upon her release from active duty she was issued a DD Form 214 which shows she completed 4 months and 27 days of active duty and was transferred back to her USAR unit.  Item 18 (Remarks), has the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS."  Item 23 (Type of Separation) has "RELEASE FROM ACTIVE DUTY TRAINING" entered, and Item 28 (Narrative Reason for Separation) has "COMPLETION OF REQUIRED ACTIVE SERVICE" entered.

4.  Army Regulation 635–5 (Separation Documents, states that a mandatory entry for Item 18 (Remarks) is “SOLDIER (HAS) (HAS NOT) COMPLETED 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.  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.”

5.  In the memorandum submitted by the applicant, her commander stated that the applicant has successfully completed her first full term of service and recommends that the applicant's DD Form 214 be corrected to reflect that fact.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had successfully completed her IET, as evidenced by the entries on her DD Form 214.  However, the expiration of her term of service will not expire until 22 February 2018.

2.  As such, in accordance with Army Regulation 635–5, the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS" is properly entered and there is no reason to change it.

3.  The applicant's commander's statement has been noted.  However, it is apparent that he has mistaken the applicant's active duty requirement for her statutory military service obligation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

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




      _______ _   _______   ___
               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 the case.



ABCMR Record of Proceedings (cont)                                         AR20110003297





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ABCMR Record of Proceedings (cont)                                         AR20110003297



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