IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012545
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 completed his first full term of service.
2. The applicant states he reenlisted in March 2009.
3. The applicant provides a DD Form 256A (Honorable Discharge) and DA Form 5689 (Oath of Reenlistment).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) on 13 October 2006. He was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on
30 May 2007 for a period of 3 years and 17 weeks. He completed training and he was awarded military occupational specialty 13B (cannon crewmember).
2. On 23 March 2009, he was discharged, and he immediately reenlisted in the RA on 24 March 2009 for a period of 6 years.
3. On 28 December 2011, he was discharged with an under honorable conditions characterization of service due to misconduct. The DD Form 214 he was issued shows he completed 4 years, 6 months, and 29 days of net active service this period.
4. Block 18 (Remarks) of his DD Form 214 contains the remark "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE." It does not show his period of reenlistment.
5. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
a. This regulation provides for use of block 18 for entering Headquarters, Department of the Army mandatory requirements when a separate block is not available. "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry. This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use:
(1) 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.
(2) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter "has." If block 12c of the DD Form 214 is less than the Soldiers initial enlistment enter "has not."
b. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)." However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable" enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service for which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above.
DISCUSSION AND CONCLUSIONS:
1. The applicant initially enlisted in the RA for a period of 3 years and 17 weeks on 30 May 2007 and he was discharged and immediately reenlisted for a period of 6 years on 23 March 2009. He was discharged after completion of 4 years
6 months, and 29 days of net active service on 28 December 2011. His net active service exceeded his initial term of enlistment; therefore, he is entitled to have his DD Form 214 corrected to show he completed his first full term of service.
2. Block 18 does not show his immediate reenlistment dates. On 28 December 2011, his service was characterized as under honorable conditions. As such, block 18 of his DD Form 214 should contain the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20070530 - 20090323" and "IMMEDIATE REENLISTMENT THIS PERIOD 20090324-20111228."
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 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 amending his DD Form 214 by:
a. deleting from block 18 "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"; and
b. adding to block 18:
* "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20070530 - 20090323"
* "IMMEDIATE REENLISTMENT THIS PERIOD 20090324-20111228"
_______ _ _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) AR20120012545
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012545
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