BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011659 


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 in:

* Block 11 (Primary Specialty) as 4 years, 7 months, and 8 days as the years and months in specialty
* Block 14 (Military Education) as "VCK - Combatives Level 1" and "VCL - Combatives Level 2"
* Block 18 (Remarks) he completed the first term of service
* Blocks 19a and b (Mailing Address After Separation and Nearest Relative) an address in Delray Beach, FL 

2.  He states he completed the first term of 3 years and 16 weeks and reenlisted.

3.  He provides:

* Self-authored statement
* DD Form 214
* Enlisted Record Brief (ERB)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 3286 (Statement for Enlistment)
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army (RA)), dated 4 October 2010
* DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 13 October 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 23 June 2008 for a period of 3 years and 16 weeks.  He was trained in and awarded military occupational specialty (MOS) 11B (infantryman).  On 13 October 2010, after serving 2 years, 3 months, and 
19 days, he reenlisted for 6 years.

2.  Certificates of Training show the applicant successful completed two Combative Courses from:  18 to 22 July 2011 (Basic, 40 hours - Level 1) and 
21 May to 1 June 2012 (Tactical, 80 hours).

3.  The applicant's military service records do not contain a DA Form 2-1 (Personnel Qualification Record) for the time period he served in the Army.  Additionally, there are no certificates, orders or documentation to show the date he completed basic training or advance individual training and awarded his MOS.

4.  However, the applicant's ERB shows he was assigned as a RA Trainee, Fort Benning, GA from 23 June 2008 until his reassignment to the Replacement Company, Fort Carson, CO on 20 October 2008.  He service at Fort Benning as a trainee for approximately 3 months and 28 days.

5   His DD Form 214 shows he was discharged on 7 March 2014, with a dishonorable character of service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 3.  He had completed 4 years, 7 months, and 8 days of total active service with the periods from 
31 January 2013 to 7 March 2014 listed as time lost.  It also shows in:
	
* item 11 – 11B10 Infantryman 4 years and 3 months
* item 14 – VCK-Unknown, 1 week, 2011//VCL-Unknown, 2 weeks, 2012
* item 18 – no entry concerning completion of first term of service
* item 19a – an address in Freeport Virgin Island
* item 19b – an address in Freeport Virgin Island

6.  The Military Career Development Courses Completed pamphlet provides military abbreviation for all Army courses. This pamphlet shows that VCK is the abbreviation for Combatives Level 1 and VCL is for Combatives Level 2.

7.  Army Regulation 635-5 (Personnel Separations), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated for:
   a.  Item 11 enter the titles of all MOS or additional MOS served for at least      1 year and include for each MOS and additional MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

   b.  Item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  There are no provisions for listing courses of less than 1 week in duration.  

	c.  item 18, Mandatory entry: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State 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.  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 item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not."

   d.  Items 19a and 19b states that mailing address after separation and nearest relative will be provided by the Soldier.  This address must be a permanent address. Soldiers are advised that the name and address of a relative should be someone who will know their location and address at all times  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or certificate verifying the effective date the applicant was awarded MOS 11B.  However, the evidence of record shows his status was listed as RA trainee from 23 June 2008 until his reassignment to the Replacement Company, Fort Carson, CO on 20 October 2008.  Therefore, it appears he was in basic training and advanced individual training until 20 October 2008 which equates to 3 months and 28 days rounded up to 4 months.  Additionally, his 
DD Form 214 shows he served 4 years, 7 months, and 8 days on active duty; Minus the 4 months of training, he served in his specialty for 4 years and 3 months (only years and months are listed in block 11).  Therefore, block 11 of his DD Form 214 is correct as constituted.

2.  The evidence of record shows the applicant successfully completed the VCK - Combatives, Level 1 for 1 week in 2011 and the VCL Combatives Level 2 for 
2 weeks in 2012.  Therefore he is entitled to correction of his DD Form 214 to correctly list these two courses accordingly.

3.  His record shows he enlisted in the RA on 23 June 2008 for 3 years and 
16 weeks.  He reenlisted on 13 October 2010 after serving 2 years, 3 months, and 19 days.  Although, he reenlisted prior to completing his first term of service, his reenlistment was redefined by his reenlistment contract and he ultimately served the 3 years and 16 weeks of his first term of service.  Since he had more than one enlistment period during the time covered by his DD Form 214 and was separated with a dishonorable character of service, his DD Form 214 should be corrected to show his first period of service as honorable. 

4.  Considering that the mailing address after separation is provided by the Soldier, it must be presumed that the DD Form 214 accurately reflects the information he provided.  The fact that he subsequently changed his address is noted; however, a change in plans subsequent to completion of the DD Form 214 is an insufficient basis for changing the address on his DD Form 214.  Therefore, blocks 19a and b are correct as constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  _X_______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 14 of his DD Form 214 the entry "VCK - UNKNOWN" and "VCL - UNKNOWN";

   b.  adding to item 14 the entry "VCK - COMBATIVES, LEVEL 1" and 'VCL COMBATIVES, LEVEL 2" and;

   c.  adding to item 18 the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20080418-20101012//IMMEDIATE REENLISTMENT THIS PERIOD 20101013-20140307."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting Blocks 11, 19a, and 19b.



      _______ _ 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)                                         AR20140011659





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ABCMR Record of Proceedings (cont)                                         AR20140011659



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