PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 September 2000                  
	DOCKET NUMBER:   AR2000045765

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Elzey J. Arledge, Jr.		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, that his discharge document be corrected to show his dates of service of his first enlistment. 

3.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 15 May 1995 shows that he entered active duty on 11 August 1981 and was separated on 15 May 1995.  He contends that this document reads as one enlistment and does not show that he was honorably discharged on 5 March 1986 and immediately reenlisted on 6 March 1986.  In support of his application, he submits a copy of his DD Form 214; DD Form 4/1(Enlistment/Reenlistment Document Armed Forces of the United States) dated 6 March 1986; DA Form 3340 (Request for Regular Army Reenlistment or Extension) dated 4 March 1986; DD Form 3286 (Statements for Enlistment) dated 6 March 1986 and his separation orders from the USAR effective 13 January 1987.
 
4.  The applicant’s military records show that he enlisted in the USAR on 
14 January 1981 for a period of 6 years.  He was ordered to active duty for training on 12 February 1981 and was released from active duty on 14 May 1981 and transferred to the USAR.  The applicant enlisted in the Regular Army on 
11 August 1981 for a period of 3 years.  On 4 January 1983 he extended his enlistment for a period of 19 months and then reenlisted for a period of 6 years on 6 March 1986.  The applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial on 15 May 1995.  
   
5.  The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty training on 14 May 1981.  Records also show that he was issued a DD Form 214 for the period of his active duty service from 11 August 1981 through 15 May 1995.

6.  Item 18 (Remarks) on the applicant’s DD Form 214 with an effective date of 15 May 1995 does not show his dates of service of his first enlistment or indicate that he completed his first term of service.

7.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that effective 
1 October 1979, DD Form 214’s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. 

8.  Army Regulation 635-5 states, in pertinent part, that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  It further states, in pertinent part, that soldiers who have previously reenlisted without being issued a DD Form 214 and who are being separated with any characterization of service except “Honorable”, the following statement will appear as the first entry in item 18, “Continuous Honorable Active Service From (first day of service for which a DD Form 214 was not issued) until (date before commencement of current enlistment).  

9.  Army Regulation 635-5 also states, in pertinent part, that the following statement will be added to all DD Forms 214 without exception; “MEMBER (HAS) (HAS NOT) COMPLETED THEIR FIRST TERM OF SERVICE”.  Remarks are required for employment agencies to determine the eligibility criteria for former service members applying for unemployment compensation.  It also states that a service member normally 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.  

CONCLUSIONS:

1.  Evidence of record shows the applicant enlisted on 11 August 1981, reenlisted on 6 March 1986 and was not issued a DD Form 214.  Therefore, in accordance with the governing regulation, it would be appropriate to correct item 18 (Remarks) on his DD Form 214 with an effective date of 15 May 1995 to show as the first entry “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 
11 AUGUST 1981 UNTIL 5 MARCH 1986”.  

2.  The applicant is also entitled to correction of item 18 (Remark) on his DD Form 214 to show the entry “MEMBER HAS COMPLETED HIS FIRST TERM OF SERVICE”.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

	a.  by showing the first entry “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 11 AUGUST 1981 UNTIL 5 MARCH 1986” in item 
18 (Remarks) on the DD Form 214 with an effective date of 15 May 1995 of the individual concerned; and 

	b.  by showing the entry ““MEMBER HAS COMPLETED HIS FIRST TERM OF SERVICE” in item 18 on his DD Form 214.

BOARD VOTE:  

RVO____  MKP____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000045765	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	In lieu of court-martial	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.