IN THE CASE OF:	  

		BOARD DATE:	    20 January 2015

		DOCKET NUMBER:  AR20140007818 


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 term of service when he reenlisted on 13 January 2010.

2.  The applicant states he reenlisted in Afghanistan on 13 January 2010.  He has a video of his reenlistment and several witnesses were present.  When he reenlisted he completed his first term of service.  His reenlistment was not annotated on his DD Form 214 and as such he is not able to use the GI Bill.

3.  The applicant provides his DD Form 214 and a compact disk containing a video of his reenlistment.

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 enlisted in the Regular Army for a period of 4 years on 
10 January 2007; at the time of his initial enlistment his expiration term of service (ETS) would have been listed as 09 January 2011.  He held military occupational specialty 68W (Health Care Specialist) and attained the rank/grade of specialist (SPC)/E-4.

3.  Orders Number 030-4900, issued by U.S. Army Garrison, Fort Richardson, Military Personnel Division, Fort Richardson, AK, on 30 January 2009, show he was deployed on a temporary change of station assignment to Afghanistan.  His will proceed date was listed as 28 February 2009 and his deployment was not authorized to exceed 365 days.

4.  His record does not contain a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 13 January 2010.  However, his Enlisted Record Brief dated 3 June 2010 shows his ETS date as 12 January 2013.  

5.  His unit conducted a urinalysis on 27 April 2010.  The urine was not received by the lab until 28 April 2010.  A report, dated 7 May 2010, indicated the applicant's urine specimen, collected on 27 April 2010, tested positive for Tetrahydrocannabinol (THC).

6.  On 10 June 2010, his commander notified him of his intent to initiate separation proceedings in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) (Commission of a Serious Offense), because the applicant wrongfully used marijuana.  His commander also informed him he was recommending a general, under honorable conditions discharge.  The applicant acknowledged receipt of his commander's notification on 15 June 2010.

7.  His record contains a Report of Medical History and Examination dated 
15 June 2010 which shows he was medically cleared for separation.

8.  On 16 June 2010, he consulted with legal counsel on the basis of the proposed separation action and was informed of his rights.

9.  On 29 June 2010, the separation authority approved his discharge in accordance with Army Regulation 635-200, paragraph 14-12c, directed he receive an under honorable conditions (general) characterization of service.  Accordingly, he was discharged on 30 August 2010.

10.  His DD Form 214 confirms he was discharged on 30 August 2010, in accordance with Army Regulation 635-200, paragraph 14-12c, and he received an under honorable conditions (general) characterization of service.  His DD Form 214 also shows in item 12c (Net Active Service this Period) that he completed 3 years, 7 months, and 21 days of net active service.

11.  During the processing of this case, in an email dated 5 January 2015, the Army G-1 verified the applicant reenlisted in Afghanistan for a period of 3 years on 13 January 2010.

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  It states for item 18

	a.  The mandatory entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is entered on the DD Form 214 to assist the States in determining eligibility for unemployment compensation entitlement.  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.  

	b.  Block 18, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates) will be entered.  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then "Continuous Honorable Active Service From" (first day of service for which DD Form 214 was not issued) Until" (date before commencement of current enlistment) will be entered.  Then, the specific periods of reenlistments as prescribed above.

DISCUSSION AND CONCLUSIONS:

The applicant's ERB and the email from the Army G-1 show he reenlisted in Afghanistan for a period of 3 years, on 13 January 2010.  Therefore, he is entitled to correction of his DD Form 214 to show he completed his first full term of service honorably.  







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 adding to item 18 of his DD Form 214 the entries:

* "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "Continuous Honorable Active Service From 10 January 2007 Until 
12 January 2010"



      ____________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)                                         AR20140007818





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ABCMR Record of Proceedings (cont)                                         AR20140007818



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