BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120011333 


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service.

2.  The applicant states:

* based on various Department of Veterans Affairs (VA) regulations, he believes he satisfied his first enlistment contract from 4 January 1993 through 3 January 1996  
* he cites VA regulations and wonders why those provisions do not apply in his case
* he believes the Army Discharge Review Board (ADRB), in its consideration of his request for an upgrade of his discharge, conceded he had completed his first full term of service

3.  The applicant provides no additional evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013209, dated 26 January 2012.

2.  The applicant provides a new argument which was not previously considered by the Board.  
  
3.  On 18 May 1989, the applicant enlisted in the Texas Army National Guard.  He completed initial entry training and was awarded military occupational specialty 71L (Administrative Specialist).

4.  On 4 January 1993, he enlisted in the Regular Army.  Following his initial assignment at Fort Drum, NY he was reassigned to the Republic of Korea.  

5.  On 24 March 1995, he was assigned to Battery A, Personnel and Support Battalion, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK. 

6.  On 5 September 1995, he reenlisted in the Regular Army.

7.  On 18 June 1996, he was reported by his unit as absent without leave (AWOL).  He remained AWOL until he was returned to military control on or about 1 October 1996.

8.  On 12 December 1996, he was administratively discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, in lieu of trial by court-martial.  His DD Form 214 shows he completed 3 years, 7 months, and 24 days of creditable active duty.  His discharge packet is not available for review; however, his DD Form 214 shows his service was characterized as under other than honorable conditions.   

9.  Item 18 (Remarks) of his initial DD Form 214 contained the remark "Member Has Not Completed First Full Term of Service."

10.  On 18 September 2002, the ADRB considered his request for an upgrade of his discharge; however, it determined his discharge was proper and equitable and denied his request.

11.  On 16 March 2005, he personally appeared before the ADRB and testified in support of changing his characterization of service and reason for discharge.  The ADRB, after careful examination of all the facts and circumstances surrounding his discharge, voted to grant partial relief in the form of an upgrade of the characterization of service to under honorable conditions (general).  The ADRB determined that the reason for discharge was both proper and equitable and voted not to change it.

12.  On 25 March 2005, as a result of the ADRB's findings, his DD Form 214 was corrected to show he was issued an under honorable conditions (general) characterization of service.  Item 18 of his corrected DD Form 214 contains the remark "Member Has Not Completed First Full Term of Service."

13.  Army Regulation 635-5 (Separation Documents) as then in effect, required the first entry in Item 18 to be a list of reenlistment periods for which a 
DD Form 214 had not been issued.  However, for Soldiers who had previously reenlisted without being issued a DD Form 214, and who were being separated with any characterization of service other than "Honorable," the first entry would be: "Continuous Honorable Active Service From (first day of service for which a DD Form 214 had not been issued) Until (date before commencement of current enlistment)," then enter the specific periods of reenlistment as stated above.  

14.  On 24 March 2012, as a result of the findings in ABCMR Docket Number AR20110013209, dated 26 January 2012, a DD Form 215 (Correction to 
DD Form 214, Certificate of Release or Discharge from Active Duty) was issued that amended his previous DD Form 214, dated 12 December 1996, by adding to item 18 the remark "Continuous Honorable Active Duty Service from 19930104 – 19950904."

15.  MILPER Message 95-102, issued by Commander, U.S. Army Personnel Command (PERSCOM), Alexandria, VA, dated 15 February 1995, subject: Clarification of Requirement to Add Statement in Block 18 on DD Form 214, Initial Term of Service, stated:

   a. Effective immediately, the following statement will be added to all DD Form 214 without exception; "Member (Has) (Has Not) Completed First Term of Service."  

   b. A service member normally should not be considered to have completed the first full term of active service if separation occurs prior to the end of the initial contracted period of service.  However, if a member reenlists prior to the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment and should be considered to have been completed upon execution of a reenlistment contract. 

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he enlisted in the Regular Army on 4 January 1993, and reenlisted for another term on 5 September 1995.  MILPER Message 95-102, dated 15 February 1995 and then in effect, provided that if a member reenlisted prior to the completion of his or her initial period of service, the first term of service was effectively redefined by virtue of the reenlistment and should be considered to have been completed upon execution of the reenlistment contract.  Therefore, it would be appropriate to correct his DD Form 214 to show 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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20110013209, dated 26 January 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item      18 of his DD Form 214 the entry "Member Has Not Completed First Full Term of Service," and by adding to item 18 of his DD Form 214 the entry "Member Has Completed First 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)                                         AR20110013209



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ABCMR Record of Proceedings (cont)                                         AR20120011333



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