IN THE CASE OF:	  

		BOARD DATE:	    17 October 2013

		DOCKET NUMBER:  AR20130004056 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service.

2.  The applicant states he was honorably discharged on 21 April 2009, the date he reenlisted.

3.  The applicant provides the following evidence in support of his request:

* DA Form 5689 (Oath of Reenlistment)
* DD Form 256A (Honorable Discharge Certificate), dated 21 April 2009
* DD Form 256A, dated 7 January 2013
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  On 26 July 2007, the applicant enlisted in the Regular Army.  He completed initial entry training and was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic).

2.  On 21 April 2009, he reenlisted in the Regular Army.

3.  On 7 January 2013, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-2, by reason of entrance into an officer training program.  
4.  Item 18 (Remarks) of his initial DD Form 214 contained the remark "Member Has Not Completed First Full Term of Service."

5.  According to email guidance received from the proponent of Army Regulation 635-5 (Separation Documents) on 1 April 2013, a Soldier 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 (emphasis added). 

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he enlisted in the Regular Army on 26 July 2006 and reenlisted for another term on 21 April 2009.  According to the proponent for Army Regulation 635-5, Soldiers who reenlist during their initial term of service are considered to have successfully completed their first full term of service.  Therefore, the applicant's DD Form 214 is in error and it would be appropriate to correct it to show he completed his first full term of service.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 18 of his DD Form 214 the entry "Member Has Not Completed First Full Term of Service" 



* adding to item 18 of his DD Form 214 the entry "Member Has Completed First Term of Service"




      _______ _   X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110013209



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ABCMR Record of Proceedings (cont)                                         AR20130004056



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