IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017127 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017127 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending item 18 (Remarks) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) by: a. deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and b. adding the entries: (1) "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" (2) "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20080723 – 20100714." _____________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. IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017127 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed her first term of service. 2. The applicant states she received an honorable discharge when she reenlisted on 15 July 2010, which should qualify her for the G.I. Bill. 3. The applicant provides her 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's record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows she enlisted in the Regular Army on 23 July 2008. 3. Her record contains a DD Form 4 showing she reenlisted on 15 July 2010 for a period of 2 years. Based upon her reenlistment, her new expiration term of service was 14 July 2012. 4. The applicant was discharged for parenthood on 10 May 2012 with service characterized as under honorable conditions (general). Item 18 (Remarks) of her DD Form 214 contains the following entries: a. "IMMEDIATE REENLISTMENTS THIS PERIOD -- 20100715 - 20120714," b. "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE," c. This item does not contain an entry referring to a period of continuous honorable active service. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. It states for item 18 a. The mandatory entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is entered on the DD Form 214 to assist the States in determining eligibility for unemployment compensation entitlement. 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. b. Block 18, 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 will be entered as prescribed above. DISCUSSION: 1. The applicant's DD Forms 4 show her first enlistment spanned the period 23 July 2008 through 14 July 2010. The period of her first enlistment ended the day before her reenlistment on 15 July 2010. 2. Item 18 of her DD Form 214 does not contain the appropriate entries to indicate that she completed her first full term of service honorably. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017127 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017127 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2