IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014544
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his honorable service.
2. The applicant states:
a. he reenlisted in the Army while serving in Afghanistan after completing 2 years, 1 month, and 10 days of honorable service;
b. he has a copy of his DD Form 4/1 (Enlistment /Reenlistment) to prove his honorable service was not added to his DD Form 214; and
c. he attempted to sign up for school thinking he would get a percentage of the Montgomery GI Bill he fought for during his military service.
3. The applicant provides:
* DD Form 214 (long and short version)
* DD Form 4/1
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Regular Army on 21 August 2008. He was trained in and awarded military occupational specialty 92A (Automated Logistical) and continuously served until he was honorably discharged on 30 September 2010.
2. On 1 October 2010, the applicant reenlisted in the RA and served until he was discharged on 8 June 2012, having completed a total of 3 years, 9 months, and 18 days of creditable active duty service. His DD Form 214 shows he was separated in accordance with paragraph 14-12b of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) with a general, under honorable conditions discharge.
3. Item 18 (Remarks) of the DD Form 214 he was issued at the time of his discharge does not contain an entry pertaining to his reenlistment and a review of the documents contained in his Official Military Personnel File failed to show his reenlistment documents. Item 18 also contains the statement, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
4. The applicant provides a copy of his DD Form 4/1 issued on 1 October 2010. This document confirms it documents his first reenlistment on 1 October 2010 and that he previously completed 2 years, 1 month, and 10 days of active military service.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214 and stated:
a. Effective 1 October 1979, DD Forms 214 is not prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army.
b. Item 18 documented remarks that are pertinent to the proper accounting of the separating Soldier's period of service. For enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates. For Soldiers who previously reenlisted without being issued a DD Form 214 and who are later 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.
c. A mandatory entry in item 18 is SOLDIER (HAS) OR (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE. This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use. It states that, routinely, an RA Soldier should not be considered to have completed the first full term of 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 applicant's record shows he enlisted in the RA on 21 August 2008. Evidence provided by the applicant revealed he reenlisted on 1 October 2010 without a break in service. Based on his reenlistment the applicant successfully completed his first full term of service. Accordingly, he effectively completed his first enlistment period.
2. In accordance with the applicable regulation, item 18 of his DD Form 214 should contain the entries "CONTINUOUS HONORABLE ACTIVE SERVICE FROM: 20080821 - 20100930" and "IMMEDIATE REENLISTMENT THIS PERIOD: 20101001 - 20120608." Therefore, he is entitled to correction of his DD Form 214 to show as recommended below.
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 of his DD Form 214 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"; and
b. adding to item 18 of his DD Form 214 the entries "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE," "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20080821 20100930," and "IMMEDIATE REENLISTMENT THIS PERIOD: 20101001 20120608"; and
c. issuing him a corrected document to reflect these corrections.
_______ _ _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) AR20140014544
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