IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006511
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 his DD Form 214 (Certificate of Release or Discharge from Active duty) to show the entry "MEMBER COMPLETED FIRST FULL TERM OF SERVICE" instead of "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
2. The applicant states:
* item 18 of his DD Form 214 states he did not complete his first term when, in fact, he was in his second enlistment when he was discharged
* he reenlisted on 19 October 2009
3. The applicant provides his reenlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract shows he enlisted in the Regular Army on 14 August 2007 for a period of 4 years and 17 weeks. He trained as a cannon crewmember.
2. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 19 October 2009, shows he reenlisted for a period of 6 years. This form shows the entry "IMMEDIATE REENLISTMENT" in the top margin. This form also shows the applicant had 2 years, 2 months, and 5 days of prior active service and this was his first reenlistment.
3. On 24 November 2010, he was discharged under honorable conditions (general).
4. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows the entry "2007 08 14" [14 August 2007]. Item 18 of his DD Form 214 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
5. Army Regulation 635-5 states the mandatory entry of "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" will be entered in item 18 of the DD Form 214. The regulation states that 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:
Since the applicant enlisted on 14 August 2007 for a period of 4 years and 17 weeks and he reenlisted on 19 October 2009, it appears he completed his initial contracted period of service. Therefore, in accordance with the governing regulation, the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" of the applicant's DD Form 214 should be corrected to show "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE."
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF
SERVICE" from item 18 of his DD Form 214 and replacing it with the entry "MEMBER 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) AR20110006511
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ABCMR Record of Proceedings (cont) AR20110006511
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