IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140005536 


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 his first enlistment period.

2.  The applicant states he reenlisted on 7 December 2009 and it is not shown on his DD Form 214.

3.  The applicant provides:

* DA Form 5689 (Oath of Reenlistment)
* DD Form 256A (Honorable Discharge Certificate)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  On 2 June 2008, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program for an 8-year period.  On 10 June 2008, he was honorably discharged for immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 11 June 2008 for a period of 3 years and 19 weeks.

2.  His DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program), dated 11 June 2008, shows he enlisted in the Regular Army for a period of 3 years and 19 weeks.

3.  The applicant provided a copy of his Honorable Discharge Certificate, dated 7 December 2009.  He also provided a copy of his Oath of Reenlistment Certificate, dated 8 December 2009.

4.  His records are void of a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) for the period beginning on 7 December 2009.

5.  On 11 January 2013, the separation authority directed the applicant's discharge prior to the expiration of his current term of service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b, with a general discharge.

6.  On 6 February 2013, the applicant was discharged accordingly.  His DD Form 214 shows he completed 4 years, 7 months, and 26 days of creditable active service.  His DD Form 214 shows in:

* item 12a (Date Entered Active Duty This Period) – 2008  06  11
* item 12b (Separation Date This Period) – 2013  02  06
* item 12c (Net Active Service This Period) – 0004  07  26
* item 18 (Remarks), in part –

*	PERIOD OF DELAYED ENTRY PROGRAM:  20080602–20080610
*	REGULAR REENLISTMENT BONUS PAID:  $2,600.00, 20091208
*	SERVICE IN IRAQ 20090824–20100801
*	MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE

7.  Army Regulation 601-280 (Army Retention Program) outlines procedures for immediate reenlistment or extension of enlistment for Soldiers serving on active duty and eligibility criteria and options for enlistment or transfer to a Reserve Component.  It states:

	a.  A Soldier currently serving in the Regular Army who wishes to reenlist or extend his or her current enlistment will submit a DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) to his or her immediate commander.  The commander will then determine whether the Soldier is eligible for continued active Army service.

	b.  A DA Form 5689 will be presented to the Soldier on his or her reenlistment.

	c.  The DD Form 256A is contained in immediate reenlistment packets and will be presented to the Soldier only after the oath has been administered, if applicable.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contains guidance for the preparation of the DD Form 214.  It states to enter "IMMEDIATE REENLISTMENTS THIS PERIOD" for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214.  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 a DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)," then enter the specific periods of reenlistments as prescribed above.  It also states to enter "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" if the Soldier has completed or exceeded the initial enlistment.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant enlisted in the Regular Army on 11 June 2008 for 3 years and 19 weeks.  His date of release from active duty would have been 22 October 2011 had he not reenlisted or extended.

2.  Although his DA Form 3340-R is not available, he provided copies of his Oath of Reenlistment and Honorable Discharge Certificates.  Based on the available evidence, it is accepted that he reenlisted on 8 December 2009 for a reenlistment bonus while serving in a combat zone.  Therefore, he is entitled to correction of his DD Form 214 to show the dates for his continuous honorable service, immediate reenlistment, and completion of his first term of enlistment.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"
* adding the following entries to his DD Form 214 –

* CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20080611-20091208
* IMMEDIATE REENLISTMENT 20091208
* SOLDIER 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)                                         AR20140005536



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ABCMR Record of Proceedings (cont)                                         AR20140005536



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