IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020847
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he reenlisted in October 2010.
2. The applicant states:
* His DD Form 214 doesn't show his reenlistment which effects his benefits for the GI Bill, Post 9/11
* He reenlisted in October 2010
* The recruiter has his reenlistment documents on file
3. The applicant provides:
* Enlisted Record Brief (ERB)
* Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES)
* Honorable Discharge Certificate
* Oath of Reenlistment
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 21 February 2008 for a period of 4 years and 16 weeks. He completed his training and was awarded military occupational specialty 11B (infantryman). He served in Iraq from
15 November 2009 to 4 August 2010.
2. His reenlistment document is not available. However, Defense Finance and Accounting Service (DFAS) records confirm he reenlisted on 27 October 2010 for a period of 4 years.
3. On 13 May 2011, he was discharged under honorable conditions (a general discharge) for misconduct.
4. Item 18 (Remarks) of his DD Form 214 shows the entries:
* SERVICE IN IRAQ 20091115-20100804
* MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE
* NOTHING FOLLOWS
5. He provided:
* An Honorable Discharge Certificate, dated 26 October 2010
* Oath of reenlistment, dated 27 October 2010
* DFAS LES, covering the period 1-31 May 2011, which shows his ETS as 26 October 2014
6. 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. It also states for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he reenlisted in October 2010 and his DD Form 214 should be corrected to show this reenlistment has merit.
2. Evidence of record shows he enlisted in the RA on 21 February 2008 for a period of 4 years and 16 weeks. Although his service personnel records do not contain a reenlistment document, DFAS confirmed he reenlisted on 27 October 2010 for a period of 4 years and he provided documentation to support he
reenlisted on 27 October 2010. The DFAS information is accepted as sufficient evidence on which to amend item 18 of his DD Form 214. Therefore, in accordance with the governing regulation, item 18 of his DD Form 214 should be corrected to show his immediate reenlistment and that he completed his 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 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:
a. deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214; and
b. adding the entries "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" and " IMMEDIATE REENLISTMENTS THIS PERIOD: 20101027-20110513" to item 18 of his DD Form 214.
_______ _ 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) AR20110020847
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ABCMR Record of Proceedings (cont) AR20110020847
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