IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004284 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed her first full term of service.

2.  The applicant states her DD Form 214 states in item 18 (Remarks) that she did not complete her first full term of service.  However, she completed her first full term of service and she reenlisted.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 11 August 2000
* DD Form 4, dated 5 June 2004
* Orders Number TF-202-132, dated 31 July 2004
* Orders Number TF-261-03, dated 17 September 2004
* Enlisted Record Brief (ERB)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s DD Form 4 shows she initially enlisted in the delayed entry program (DEP) on 11 August 2000 and that she would be ordered to active duty on 28 September 2000.  However, she was subsequently discharged from the DEP and enlisted in the Regular Army for a period of 4 years, on 2 October 2000.

3.  Her record contains two DA Forms 1695 (Oath of Extension of Enlistment), dated 9 January 2002 and 1 April 2002.  After her second extension her expiration term of service (ETS) date was adjusted to 1 December 2005.

4.  Her record contains a DD Form 4, dated 5 June 2004, showing she reenlisted on that date for a period of 6 years.  Her ERB shows her new ETS date as 4 June 2010.

5.  She was discharged from active duty with a bad conduct discharge on 
19 February 2008.  Her DD Form 214 shows she completed 7 years, 3 months, and 23 days of net active service and had 30 days of lost time.  Item 18 of her 
DD Form 214 states "Member Has Not Completed First Full Term of Service."  Item 18 does not contain the entry "Immediate Reenlistments this Period" or "Continuous Honorable Active Service From/To." 

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 18 of the DD Form 214 is used for Headquarters, Department of the Army requirements.  

	a.  The "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 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 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 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 enlisted in the Regular Army for a period of 4 years on 
2 October 2000.  She reenlisted on 5 June 2004.  She completed 7 years, 3 months, and 23 days of net active service, which is in excess of the 4 years of her initial contract.  Therefore, she completed her first full term of service.

2.  She served until she received a bad conduct discharge on 19 February 2008. Therefore, she is entitled to correction of her DD Form 214 in item 18 to show her period of immediate reenlistment and honorable 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 from item 18 her DD Form 214 the entry "SOLDIER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and 

	b.  adding to item 18 of her DD Form 214 the entries:

* "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "Continuous Honorable Active Service From 20000928 - 20040604"
* "IMMEDIATE REENLISTMENTS THIS PERIOD 20001002 – 20040604"



      ____________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)                                         AR20140004284





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ABCMR Record of Proceedings (cont)                                         AR20140004284



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