IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20150000253
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 April 2013 be corrected to show he completed his first full term of service.
2. The applicant states he completed his first full term of service.
3. The applicant provides:
* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) dated 16 March 2009
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army)
* DA Form 1695 (Oath of Extension of Enlistment)
CONSIDERATION OF EVIDENCE:
1. On 11 October 2007, he enlisted in the Regular Army (RA) for 3 years and
18 weeks.
2. On 16 March 2009, he immediately reenlisted for 6 years.
3. On 19 April 2013, he was discharged by reason of misconduct (drug abuse). He completed 5 years, 6 months, and 9 days of active service that was characterized as under honorable conditions.
4. Item 18 (Remarks) of his DD Form 214 contains the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE." The entry "IMMEDIATE REENLISTMENTS THIS PERIOD" is not shown in item 18. There is no entry showing continuous honorable active service in item 18.
5. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. Item 18 was used for mandatory requirements when a separate block was not available.
a. "SOLDIER (HAS) OR (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" was a mandatory entry to be placed in Block 18.
b. 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. A prior service enlistee is considered to be on a second term of military service. Even if that Soldier fails to complete the current term of service, the appropriate entry is "HAS."
c. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify inclusive dates for each period of reenlistment.
d. 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 for which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistment as prescribed above.
DISCUSSION AND CONCLUSIONS:
1. He initially contracted for 3 years and 18 weeks. However, he reenlisted before the completion of this enlistment. Therefore, the first term of service was redefined by virtue of the reenlistment contract. Therefore, his DD Form 214 should be corrected to show he completed his first full term of service.
2. The characterization of his service entered on the DD Form 214 was under honorable conditions. An entry is required item 18 to show his honorable active service from the first day of service to the day before his current enlistment. Therefore, the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM
11 OCTOBER 2007 TO 15 MARCH 2009" should be added to item 18 of his
DD Form 214.
3. He had more than one enlistment period during the period covered by the
DD Form 214. Therefore, the entry "IMMEDIATE REENLISTMENTS THIS PERIOD: 16 MARCH 2009 19 APRIL 2013" should be added to
item 18 of his DD Form 214.
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 amending item 18 of his DD Form 214 with a separation date of 19 April 2013 by:
a. deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and
b. adding the entries:
(1) "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
(2) "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 11 OCTOBER 2007 TO 15 MARCH 2009"
(3) "IMMEDIATE REENLISTMENTS THIS PERIOD: 16 MARCH 2009 19 APRIL 2013"
_____________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) AR20150000253
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ABCMR Record of Proceedings (cont) AR20150000253
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