PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 November 2000                   
	DOCKET NUMBER:   AR2000045231

	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. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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 that his Certificate of Release of Discharge from Active Duty, DD Form 214, be corrected to show he did complete his first full term of service.

3.  The applicant states that he reenlisted on 23 January 1997.  That reenlistment ended his first tour.

4.  The applicant’s military records show that he enlisted in the Regular Army on 19 October 1993 for 4 years.  He reenlisted on 23 January 1997 for 3 years.  He was discharged for misconduct on 11 July 1997.  His DD Form 214, item 18 shows that he had not completed his first full term of service.

5.  Commander, U. S. Total Army Personnel Command (PERSCOM) message 150800Z February 1995 clarified an earlier message concerning the requirement to add a statement in item 18 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.

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

RECOMMENDATION:

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

BOARD VOTE:  

__wtm___  __jea___  __mes___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045231	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.