PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2002
	DOCKET NUMBER:   AR2002070373

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, 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 that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he did complete his first full term of service.

3.  The applicant states that he reenlisted after 2 years.

4.  The applicant’s military records show that he enlisted in the Delayed Entry Program on 23 July 1998.  He enlisted in the Regular Army on 2 September 1998 for 3 years.  He was honorably discharged on 3 September 2000 for the purpose of immediately reenlisting on 4 September 2000 for 3 years. On           15 December 2001, he was discharged, with a general discharge under honorable conditions, under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct.  Item 18 of his DD Form 214 contains the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and does not indicate he had an immediate reenlistment.

5.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  Paragraph 2-4h(18)(b) states that the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is a mandatory entry.  This information assists the State in determining eligibility for unemployment compensation entitlement.  Paragraph 2-4h(18)(b)1 states that, routinely, a soldier should not be considered to have completed the first full term of active 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.  Paragraph 2-4h(18)(c) states that, for enlisted soldiers with more than one enlistment period during the time covered by this DD Form 214, “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates) will be entered.  However, for soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” then “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until” (date before commencement of current enlistment) will be entered.  Then, the specific periods of reenlistments as prescribed above will be entered.  

CONCLUSIONS:

1.  The evidence of record shows there are two errors in item 18 of the applicant’s DD Form 214.  In accordance with regulatory guidance, he did meet the criteria to have his first term of service considered as being completed in full and the period of his first term of service is not entered.

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:

     a.  amended to delete the entry “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE;” and

     b.  amended to add “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” and “Continuous Honorable Active Service From 2 September     1998 Until 3 September 2000, IMMEDIATE REENLISTMENT THIS PERIOD      2 September 1998 – 3 September 2000.”

BOARD VOTE:  

__CLA__  __BJE__  __DPH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L Adolphi___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070373	
SUFFIX		
RECON		
DATE BOARDED	2002/06/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	FULL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.