PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002072715

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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 the dates of his first enlistment.

3.  The applicant states that he reenlisted on 17 May 2000.  He should either receive a DD Form 214 for his initial term of service or the dates of his first term of service should be annotated on his current DD Form 214.  

4.  The applicant’s military records show that he entered the Delayed Entry Program on 23 July 1997 and enlisted in the Regular Army on 1 October 1997.  He was honorably discharged on 16 May 2000 for the purpose of immediately reenlisting on 17 May 2000.  Shortly thereafter he was recommended for discharge for misconduct and was discharged, with a general discharge under honorable conditions, on 8 February 2001.  Item 18 of his DD Form 214 indicates he completed his first full term of service and served in the Delayed Entry Program from 23 July to 30 September 1997.

5.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  Effective 1 October 1979, the requirement to issue a DD Form 214 to enlisted soldiers upon immediate reenlistment was ended.  The current version of the regulation is effective 1 December 2000.  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 applicant was properly not issued a DD Form 214 upon his discharge on 16 May 2000 for the purpose of immediate reenlistment.  However, item 18 of his DD Form 214 is incomplete with reference to his first term of service.  

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 add “Continuous Honorable Active Service From 1 October 1997 Until 16 May 2000, IMMEDIATE REENLISTMENT THIS PERIOD 1 October 1997 – 16 May 2000.”

BOARD VOTE:  

__FNE__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						      ___Fred N. Eichorn___
							CHAIRPERSON

INDEX

CASE ID	AR2002072715	
SUFFIX		
RECON		
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.