IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130008962
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active duty) to show the entry "MEMBER COMPLETED FIRST FULL TERM OF SERVICE" instead of "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
2. The applicant states:
* he enlisted for a 4-year term with the Army in August 2006
* he completed this term and reenlisted for a 6-year term
* he served three tours in Iraq
* he was pulled back from his third deployment due to drug abuse by his then-spouse
* his children were taken from her and awarded to him
* he intentionally failed a urinalysis in order to be released from the Army so he could take care of his family situation
* having the entry on his DD Form 214 that he did not complete his first full term of service has been a barrier for employment and benefits to which he is entitled
3. The applicant provides:
* correspondence from a Member of Congress
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract shows he enlisted in the Regular Army on 15 August 2006 for a period of 4 years. He completed training and was awarded military occupational specialty 12B (combat engineer).
2. There is no evidence in the available records which shows he reenlisted or extended his enlistment contract.
3. He served in Iraq from:
* 3 March 2007 to 6 January 2008
* 10 January 2009 to 20 December 2009
* 28 May 2011 to 7 October 2011
4. On 11 June 2012, he was discharged under honorable conditions (general) for misconduct.
5. Item 18 of his DD Form 214 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
6. He provides correspondence from him to a Member of Congress, dated 16 April 2013, wherein he states he enlisted for 4 years; then, at 2 years, reenlisted for 6 more.
7. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 15 August 2006 for a period of 4 years. He was discharged on 11 June 2011 after completing 5 years, 9 months, and 27 days of creditable active service. However, there is no evidence in the available records and the applicant provided no evidence which shows whether he extended his 2006 enlistment or reenlisted.
2. In the absence of evidence showing why he separated nearly 2 years after what appears to have been his normal expiration of term of service (i.e., whether by reenlistment, extension, or involuntarily extension for the convenience of the government), there is insufficient evidence to grant his request at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20130008962
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ABCMR Record of Proceedings (cont) AR20130008962
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