PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 August 2000                   
	DOCKET NUMBER:   AR2000043238

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his Certificate of Release or Discharge from Active Duty, DD Form 214, item 18 to show he did complete his first full term of service; item 11 to show his primary specialty as 11M; and to add his 11B (Infantryman), 11M (Fighting Vehicle Infantryman) and 31S (Field General Communications Security Equipment Repairer) training to item 14.

3.  The applicant states that since he first enlisted for 3 years and 17 weeks and since he completed 4 years, 4 months and 8 days of service, he did complete his first full term of service.  He completed both 11B and 11M training and 11M was his duty military occupational specialty (MOS) throughout his service.  He was told that because 11B and 11M were combat skills and entries in item 14 are to be used for civilian career opportunities, those courses could not be entered.  He wants to become a police officer and these skills would be useful in that career.  Supporting evidence is as listed on his original DD Form 149.

4.  The applicant’s military records show that he enlisted in the Regular Army on 2 August 1993 for 3 years and 17 weeks.  He completed basic training and 11B advanced individual training and was awarded primary MOS 11B on or about     12 November 1993.

5.  The applicant’s Personnel Qualification Record (PQR), part II, DA Form 2-1 shows that he performed duties as an 11B10 while assigned to Fort Hood, TX from 7 January 1994 – 5 December 1996.  His PQR, part I, DA Form 2 dated       6 November 1996 shows his primary MOS as 11M10 but his PQR does not show that he attended 11M training.  There are no orders available to show when the applicant’s MOS may have been changed.  Reassignment orders dated            28 December 1993 show his MOS as 11M10.

6.  On 26 April 1996, the applicant reenlisted for 3 years for 31S training.  He was assigned to Fort Gordon, GA for 31S training on or about 9 December 1996. 

7.  On 6 February 1997, the applicant was counseled concerning his first failure of the Army Physical Fitness Test (APFT).  He was counseled again on 18 June 1997 for failing the APFT and notified he would be placed in the special PT program and that he would be given up to 14 days after his graduation date to pass the APFT.  He was counseled on 14 August 1997 for failing to pass the APFT.  On 10 November 1997, separation action under the provisions of Army Regulation 635-200, chapter 13 was initiated on the applicant for unsatisfactory performance due to his APFT failures.  There is no evidence of record to show the applicant successfully completed the 31S course.

8.  On 9 December 1997, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 13 after completing 4 years, 4 months and 8 days of creditable active service with no lost time.  Item 11 of his DD Form 214 shows his primary specialty as 11B10.  Item 14 shows no military education completed.  Item 18 contains the statement “Member has not completed first full term of service.”

9.  Commander, U. S. Total Army Personnel Command (PERSCOM) message 150800Z February 1995 clarified an earlier message concerning the requirement to add a statement in item18 of the DD Form 214 concerning a member’s initial term of service.  It directed that the following statement would be added to all DD Forms 214 without exception: “Member (has) (has not) completed first term of service.”  The remark was required for employment agencies to determine the eligibility criteria for former service members applying for unemployment compensation.  Normally, a member should not be considered to have completed the first full term of active service if separation occurs prior to the end of the initial contracted period of service.  However, if a member reenlists prior to the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment and should be considered to have been completed upon execution of a reenlistment contract.  If a soldier has reenlisted, he/she is considered to have completed the first full term of enlistment.

10.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. In pertinent part, it states that in-service training courses successfully completed during this period of service will be entered in block 14 of the DD Form 214.  The information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

CONCLUSIONS:

1.  The Board concludes that there is an error in item 18 of the applicant’s DD Form 214.  In accordance with PERSCOM message 150800Z February 1995, he did meet the criteria to have his first term of service considered as being completed in full.

2.  There is no evidence of record to show that there is an error in item 11 of the applicant’s DD Form 214.  The only document available to show his MOS was 11M was one reassignment order.  There are no orders available awarding the applicant MOS 11M and the entry on those reassignment orders may or may not have been a typographical error.  The applicant’s PQR does not show that he ever worked in or was trained as an 11M.  In the absence of evidence to the contrary, the Board presumes that 11B was the only MOS he held at the time he separated.

3.  There is no error in item 14 of the applicant’s DD Form 214.  The evidence of record shows that the applicant did not successfully complete 31S training and so that course would not be entered in item 14.  (The Army’s definition of “successful” includes maintaining all Army standards while in training.  Since the applicant failed his APFTs while in the 31S course, he did not successfully complete the course.)  The regulation states that combat skills will not be entered in item 14.  There will always be the exceptional civilian career that could be enhanced through the use of Army-acquired combat skills.  However, the Board concludes that the applicant will have to use other means to show he acquired those skills, such as pointing out to potential employers the entry in item 11.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214, item 18, be amended to show he had completed his first full term of service.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___sk___  __jea___  __reb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Stanley Kelley
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043238	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.