PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  16 July 2002
	DOCKET NUMBER:  AR2002069044

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Melvin H. Meyer		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he completed his first full term of service.

3.  The applicant states that he completed his first full term of serve and was awarded the Good Conduct Medal for his first 3 years.  He was on his second enlistment at the time of his discharge.  His DD Form 214 did not have the correct information due to temporary records.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 20 February 1997, as a light weapons infantryman, for a period of 3 years.  He continued to serve until he was honorably discharged on 7 March 1999, in order to reenlist.  He reenlisted on 8 March 1999, and continued to serve until he was discharged on 2 February 2002, under honorable conditions.  He had completed 4 years, 11 months, and 13 days of creditable service.

5.  His DD Form 214 indicated that he has not completed his first full term of service.

6.  The applicant’s records contain a copy of Detachment Bravo, 38th Personnel Service Battalion Permanent Orders 192-51, dated 10 July 2000, which shows that he was awarded the Good Conduct Medal first award for the period 20 February 1997 through 19 February 2000.

7.  Army Regulation 635-5 provides policy and procedures for the preparation of the DD Form 214.  It states, in pertinent part that the following statement will be added to all DD Form 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.  The applicant completed his first 3 years of service as evidence by his award of the Good Conduct Medal.  His DD Form 214 shows that he completed his first enlistment in accordance with applicable regulations.  However, his DD Form 214 indicates that he did not complete his first enlistment, which is incorrect.  Therefore, his DD Form 214 should be corrected to reflect in item 18(Remarks) that he has completed his first full term of service.

2.  The applicant was awarded the first award of the Good Conduct Medal for the period 20 February 1997 through 19 February 2000.  Therefore, he is entitled to correction of his records to show this award.

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 for the individual concerned be corrected:

a.  by showing in item 13 (Awards and Decorations) that he was awarded the first award of the Good Conduct Medal for the period 20 February 1997 to 19 February 2000; and

b.  by showing in item 18 of his DD Form 214 that he completed his first full term of service.

BOARD VOTE:  

__fe___  ___dh__  __mm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069044	
SUFFIX		
RECON		
DATE BOARDED	20020716	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	20020202	
DISCHARGE AUTHORITY	AR  635-200  chapt 14	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.