IN THE CASE OF: 

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007269 


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 removal from item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) the statement "Member has not completed first full term of service."

2.  The applicant states her original expiration of term of service (ETS) date was 12 December 2011.  However, she had to extend her service due to a medical board process.  Therefore, she completed her full term of service and 100 days extended past her ETS ending on 21 March 2012.

3.  The applicant provides:

* a memorandum by the Physical Evaluation Board Liaison Officer (PEBLO), U.S. Army Medical Department Activity (USAMEDDAC),      Fort Lee, VA, subject:  Request for Extension Beyond ETS, dated          10 November 2011
* her signed voluntary Extension of Active Duty affidavit, dated
10 November 2011
* a DA Form 4856 (Developmental Counseling Form), dated 28 December 2011
* her DD Form 214
* her Honorable Discharge Certificate, dated 21 March 2012


CONSIDERATION OF EVIDENCE:

1.  On 10 June 2008, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) for a period of 8 years.  On 30 June 2008, she was discharged from the USAR DEP and on 1 July 2008, she enlisted in the Regular Army for a period of 3 years and 23 weeks, with a scheduled ETS date of 12 December 2011.  She completed training and she was awarded military occupational specialty 91J (Quartermaster and Chemical Equipment Repairer).  The highest rank/grade she attained while on active duty was specialist (SPC)/E-4.

2.  On 10 November 2011, the applicant requested to voluntarily remain on active duty in the Army beyond her ETS date for the purpose of processing through the Army Physical Disability Evaluation System (PDES).

3.  In a memorandum submitted by the applicant and contained in her record, dated 10 November 2011, the PEBLO, USAMEDDAC, Fort Lee recommended that based on the applicant's circumstances, she should be extended until 1 June 2012.

4.  As a result, in a memorandum, dated 10 November 2011, the Director, Human Resources, U.S. Army Installation Management Command, Fort Lee, authorized the applicant's extension until 1 June 2012 for the purpose of processing through the PDES.  This in effect changed her term of enlistment to
3 years, 11 months, and 1 day.

5.  Her record contains a DA Form 199 (PEB Proceedings), dated 11 November 2011, that shows the PEB found her physically unfit for continued service with a combined rating of 20%.  It recommended the applicant be separated with severance pay, if otherwise qualified.

6.  The applicant concurred with the PEB's findings.  She waived her right to a formal hearing of her case and she did not request reconsideration of her Department of Veterans Affairs ratings.

7.  On 22 December 2011, the PEB's findings and recommendations were approved for the Secretary of the Army.

8.  A DA Form 4856, dated 28 December 2011, shows the applicant elected to be medically separated from the U.S. Army with a requested separation date of 21 March 2012.


9.  On 21 March 2012, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4 by reason of disability, severance pay, non-combat.  The DD form 214 she was issued at the time shows in:

* Item 12a (Date Entered Active Duty this Period) – 1 July 2008
* Item 12b (Separation Date this Period) – 21 March 2012
* Item 12c (Net Active Service this Period) – 3 years, 8 months, and 21 days
* Item 12e (Prior Inactive Service) – 0000  00  00
* Item 18 (Remarks) the entries:

*	Subject to Active Duty Recall, Muster Duty and/or Annual Screening
*	Block 6 (Reserve Obligation Termination Date), Period of Delayed Entry Program:  10 June 2008 to 30 June 2008
*	Severance Pay - $17,258.40
*	Member Has Not Completed First Full Term of Service

* Item 24 (Character of Service) – Honorable
* Item 25 (Narrative Reason for Separation) – Disability, Severance Pay, Noncombat (Enhanced)

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) states the mandatory entry "Soldier Has or Has Not Completed First Full Term of Service" is used to assist the State in determining eligibility for unemployment compensation entitlement.

	a.  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.  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.

	b.  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment/extension 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 commitment, enter "has not."


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show she completed her first full term of enlistment was carefully considered.

2.  Records show the applicant entered active duty on 1 July 2008 for a period of 3 years and 23 weeks with a projected ETS date of 11 December 2011.  She concurred with an extension of her ETS until 1 June 2012 for processing through the PDES that in effect redefined her period of enlistment to 3 years, 11 months, and 1 day.

3.  Although she completed an additional 92 days of active duty service beyond her original ETS date, her extension created a contractual obligation to remain on active duty until 1 June 2012.  She was discharged on 21 March 2012, prior to her adjusted ETS date; therefore, she did not complete her first full term of service.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed the evidence was sufficient, as a matter of equity, to show the applicant completed her first full term of service.  The applicant requested an extension to complete medical processing that was completed on 21 March 2012.  Her expiration of term of service should have been adjusted to reflect that date, indicating she had completed her service obligation.

2.  As a result, the Board determined that the evidence presented was sufficient to warrant recommendation for relief.  Therefore, the Board recommends that all Department of the Army records of the individual concerned be corrected by 


deleting from item 18 of her DD form 214 the entry "Member has not completed first full term of service" 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)                                         AR20120007269



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ABCMR Record of Proceedings (cont)                                         AR20120007269



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