PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          10 September 2002
	DOCKET NUMBER:   AR2002075228

	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	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 he be issued a Certificate of Release or Discharge from Active Duty, DD Form 214, for his first period of enlistment.

3.  The applicant states that the way his current DD Form 214 reads is a bar to Department of Veterans Affairs (VA) medical care that he might be entitled to for his honorable service during his first enlistment.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 10 August 1987 for 4 years.  He was honorably discharged on 11 April 1991 for the purpose of immediately reenlisting on 12 April 1991.  He was discharged on 17 May 1994 with a bad conduct discharge.  

5.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  Effective 1 October 1979, the requirement to prepare a DD Form 214 upon the discharge of an enlisted soldier for immediate reenlistment was ended.

6.  Commander, U. S. Total Army Personnel Command (PERSCOM) message 150800Z February 1995 clarified an earlier message concerning the requirement to add a statement in item18 of the DD Form 214 concerning a member’s initial term of service.  It directed that the following statement would be added to all DD Forms 214 without exception: “Member (has) (has not) completed first term of service.”  Normally, a member 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.  If a soldier has reenlisted, he/she is considered to have completed the first full term of enlistment.

CONCLUSIONS:

1.  The applicant was properly not issued a DD Form 214 upon his discharge on 11 April 1991 for immediate reenlistment.  However, in accordance with PERSCOM message 150800Z February 1995 the applicant did meet the criteria to have his first term of service considered as being completed in full.  The failure of his DD Form 214 to reflect this information appears to be hindering his efforts to obtain certain VA benefits.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214, item 18 be amended to show he had completed his first full term of service.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE __  __ BJE  _  __WDB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002075228	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.