BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150002335 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 in: a. block 11 (Primary Specialty) his military occupational specialty (MOS) as 31B Military Police; and, b. block 18 (Remarks) that he completed his first full term of service. 2. The applicant states he received his DD Form 214 while incarcerated and did not have a chance to review and sign it. 3. The applicant provides copy 1 and copy 4 his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve on 19 September 2002 as a member of the delayed entry program. He enlisted in the Regular Army (RA) on 20 June 2003 for a period of 5 years under the Army Incentive Enlistment Program for training in MOS 95B10 Military Police (MP) and a $2,000 cash bonus. Due to Army MOS realignment, MOS 95 was converted to MOS 31. The applicant completed MOS training in November 2003. 3. The applicant’s interactive Personnel Electronic Records Management System (iPERMS) record contains: a. an 8 November 2004 "Hard Charger Award" Certificate of Achievement recognizing the applicant’s contributions to the 2d MP Company from 26 November 2003 through 23 November 2004; b. Permanent Order (PO) Number 255-733 awarding him the Army Achievement Medal for the period 13-14 April 2005 as a part of the MP Activity, Fort Benning, Georgia; c. PO Number 206-5060, dated 25 July 2006, awarding him the Army Good Conduct Medal while assigned or attached to the 988th MP Company; d. an undated Certificate of Achievement awarded to him for bringing great credit to the Fort Benning, Georgia Military Police Company for his performance during the Military Police Corps 64th Anniversary Warfighter Competition; and e. no Enlisted Record Brief (ERB). 4. On 30 November 2006 the applicant, then assigned or attached to the 988th MP Company in Iraq, reenlisted for 6 years in MOS 31B10. 5. On 25 July 2007 the applicant, then assigned or attached to the 988th MP Company, was convicted by general court-martial and sentenced to reduction to pay grade E-1, confinement for 4 years and a bad conduct discharge (BCD). On 16 November 2007 the convening authority approved the sentence and, except for the BCD, which was suspended pending appellate review, ordered it executed. 6. He was separated on 3 October 2008 with a BCD. His DD Form 214 shows in: a. block 11: "11B10 INFANTRYMAN – 0 YRS 0 MOS//NOTHING FOLLOWS"; b. block 12c (Net Active Service This Period): 4 Years, and 6 months; and c. Bock 18 (Remarks): in part, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE." 7. Army Regulation 635-5 (Separation and Documents), as then in effect, set forth line by line instructions for the preparation of a DD Form 214. The instructions provided that for: a. Block 11 the information from the Enlisted Record Brief or Officer Record Brief is used to enter the titles of all MOS or area of concentrations (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. b. Block 18 this block is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available, as a continuation for entries in blocks 9, 11, 13, and 14; or for conditional entries as listed below, including: (1) Mandatory entry: "The information contained herein is subject to computer matching within the Department of Defense or with any other affected Federal or non-Federal agency for verification purposes and to determine eligibility for, and/or continued compliance with, the requirements of a Federal benefits program." (2) Mandatory entry: "SOLDIER (HAS) OR (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use: (a) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment contract and any extensions to those initial enlistment documents and compare the term of enlistment to the net service in block 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter "HAS." If block 12c of the DD Form 214 is less than the Soldier’s commitment, enter "HAS NOT." (b) Routinely, a RA Soldier should not be considered to have completed the first full term of 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. A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is "HAS" (emphasis added). (c) For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify inclusive dates for each period of reenlistment. (d) For Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment)." Then, enter the specific periods of reenlistment as prescribed above. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his 3 October 2008 DD Form 214 to show: a. Block 11: MOS 31B Military Police; and, b. "Completed First Full Term of Service" in block 18. 2. The applicant’s DD Form 214 shows his MOS as 11B10 (Infantryman). However, he enlisted for training as an MP on 20 June 2003 and apparently attended initial MOS training as an MP. There is no available evidence that he served in any other MOS. Thus, the MOS shown on his DD Form 214 should be corrected. 3. The evidence shows he completed MOS training in November 2003 and that he was serving as an MP in an MP unit as early as 26 November 2003. 4. Therefore, it is reasonable to presume that he held MOS 31B10 from 8 November 2003 for the duration of his creditable active service or 4 years and 1 month. 5. The applicant initially enlisted for 5 years and reenlisted on 30 November 2006. According to Army Regulation 635-5, he effectively was serving his during his second enlistment when he was court-martialed. Therefore, he did complete his first full term of service and his period of honorable service should be recorded on his DD Form 214. 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 changing his 3 October 2008 DD Form 214 as follows: a. deleting from block 11 (Primary Specialty) the current entry and adding the entry "31B10 MILITARY POLICE - 4 YRS 01 MO//NOTHING FOLLOWS"; and b. in bock 18 (Remarks) by: (1) deleting, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"; (2) adding, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE," "IMMEDIATE REENLISTMENTS THIS PERIOD 30 NOVEMBER 2006" and "CONTINUOUS HONORABLE SERVICE FROM 20 JUNE 2003 UNTIL 29 NOVEMBER 2006." _______ _ 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) AR20150002335 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002335 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1