IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110018889
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:
a. the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY//NOTHING FOLLOWS" be removed from item 18 (Remarks) of his
DD Form 214 for the period ending 28 July 2011; and
b. his general discharge be upgraded to honorable.
2. The applicant states he completed his first full term of service.
3. The applicant provides:
* Memorandum, dated 20 June 2011, from his defense counsel
* DD Form 214 for the period ending 28 July 2011
CONSIDERATION OF EVIDENCE:
1. The applicant requested his general discharge be upgraded to honorable. However, his case will be forwarded to the Army Discharge Review Board for consideration of a discharge upgrade prior to this Board's review. Therefore, this portion of his request will not be discussed further in these proceedings.
2. The applicant enlisted in the Army National Guard (ARNG) on 18 January 2001 for a period of 8 years. He was ordered to active duty on 22 June 2004 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 19 November 2004 to 25 October 2005. On 30 November 2005, he was released from active duty. On 17 July 2007, he was honorably discharged from the ARNG.
3. He enlisted in the ARNG on 21 February 2008 for a period of 1 year. He was honorably discharged on 29 July 2009.
4. His enlistment contract shows he enlisted in the Regular Army (RA) on
30 July 2009 for a period of 3 years and 10 weeks. He trained as a cannon crewmember.
5. On 28 July 2011, he was discharged under honorable conditions (general) after completing 1 year, 11 months, and 29 days of creditable active service.
6. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 for the period ending 28 July 2011 shows the entry "2009 07 30" [30 July 2009]. Item 18 of his DD Form 214 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY//NOTHING FOLLOWS."
7. He provides a memorandum, dated 20 June 2011, from his defense counsel wherein he submits a request to suspend the applicant's separation. He states:
* The applicant's current problems were caused by a combination of his mental health medications and issues related to caring for his son
* He had a strong ten-year career in the Army, including his time in the ARNG
* Prior to the misconduct that led to his separation action he had no bad paper in his file
* He deployed to Iraq in 2004/2005 with his ARNG unit
* He was a model Soldier before he experienced mental health issues caused by the deterioration of his marriage and the death of his youngest son
* His current misconduct is not indicative of his career
8. Army Regulation 635-5 (Separation Documents) 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. There is no provision to show the entry "MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" in item 18 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he completed his first full term.
2. The applicant enlisted in the RA on 30 July 2009 for a period of 3 years and 10 months and he was discharged on 28 July 2011 after completing 1 year,
11 months, and 29 days of active service. It appears he did not complete his initial contracted period of active service. Therefore, there is insufficient evidence on which to delete the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214 for the period ending 28 July 2011.
3. Since there is no provision to show the entry "MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" in item 18 of the DD Form 214, it would be appropriate to remove this entry from item 18 of his DD Form 214 for the period ending 28 July 2011.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" from item 18 of his DD Form 214 for the period ending
28 July 2011.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214 for the period ending 28 July 2011.
_______ _ _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) AR20110018889
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018889
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008154
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 27 (Reentry (RE) Code) as "1" vice "3." The applicant provides his DD Form 214. With respect to the correction of his DD Form 214 to show his RE Code as "1," the evidence of record confirms the RE code was not applicable and the entry should be NA.
ARMY | BCMR | CY2010 | 20100011956
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 October 2008 shows he was honorably released from active duty in the rank of sergeant first class on 1 October 2008 under the provisions of NGR 600-5, chapter 6, for completion of required active service. It would be appropriate to void his discharge orders, dated 22 August 2008, correct his military records to show he completed over 20 years of...
ARMY | BCMR | CY2011 | 20110010172
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2009, to show in: * item 12a (Date Entered Active Duty this Period), the date he reentered the Active Guard Reserve (AGR) program under Title 32, U.S. Code (USC) * item 12f (Foreign Service) he completed 4 months and 25 days of foreign service 2. Therefore, item 12 of his DD Form 214 for the period ending 30 November 2009 should be corrected to show he...
ARMY | BCMR | CY2010 | 20100016909
The applicant requests item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending 20 November 2009 be corrected to show the entry MEMBER COMPLETED FIRST FULL TERM OF SERVICE instead of MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE. 2. Item 18 of the applicant's DD Form 214 for the period ending 20 November 2009 shows, in pertinent part, the entries "SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT," "MEMBER...
ARMY | BCMR | CY2012 | 20120001871
ARMY | BCMR | CY2013 | 20130003646
The applicant requests, in effect, correction of his two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show the following awards and training: * Army Commendation Medal (ARCOM) * Army Reserve Components Achievement Medal (2nd award) * National Defense Service Medal * Armed Forces Reserve Components Achievement Medal with 10-Year Device (Bronze Hourglass) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Aircraft Aviation Member...
ARMY | BCMR | CY2012 | 20120008691
The available medical records consist of only two periodic physical examinations, dated 12 October 2001 and 5 July 2006. HRC Orders A-04-912129A01, dated 9 November 2009, amended the HRC Orders A-04-912129 to show an end date change from 6 April 2010 to 20 August 2009. 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.
ARMY | BCMR | CY2012 | 20120003297
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait. The applicant provides his DD Form 214 for the period ending 15 March 2011, orders, a memorandum, and a DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel). The evidence of record confirms the applicant served in Kuwait from 15 September 2009 to 2 February 2010 which is not shown in Item 18 of his DD Form 214 for the period...
ARMY | BCMR | CY2014 | 20140016034
The applicant requests his home of record (HOR) be changed from his address in Aiken, SC to Wisconsin Rapids, WI on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 November 2011. The applicant provides his DD Form 214 for the period ending 18 November 2011. The evidence of record shows he served in the RA from 16 November 2000 to 3 March 2006.
ARMY | BCMR | CY2013 | 20130013250
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 August 2009, to show the Iraq Campaign Medal with four bronze service stars and Army Achievement Medal (2nd Award). The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from the applicant's DD...