IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017737 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states item 18 of his DD Form 214 shows the entry "Member has not completed first full term of service."  He also states he completed his first period of service in February 2009 and reenlisted in 2009.  His first period of service was characterized as honorable.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) on 18 September 2006 for a period of 4 years and 18 weeks and he held military occupational specialty 13B (Cannon Crewmember). 

2.  On 6 November 2007, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana, possessing amphetamines, and drug abuse paraphernalia. 

3.  On 21 October 2009, he accepted NJP under the provisions of Article 15 of the UCMJ for wrongfully using marijuana.

4.  On 11 January 2010, his immediate commander notified him of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for misconduct - abuse of illegal drugs.  Specifically, the immediate commander cited the applicant's wrongful use of marijuana and wrongful possession of amphetamines and drug abuse paraphernalia.  

5.  On 12 January 2010, the applicant acknowledged receipt of the commander's intent to separate him.  He consulted with legal counsel and he was advised of the basis for the contemplated separation action for misconduct, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures and rights that were available to him.

6.  On 20 January 2010, his immediate commander initiated separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 and recommended the applicant be issued a general discharge.  On 20 January 2010, his intermediate commander recommended approval of the separation action and on 24 January 2010, the separation authority approved his discharge.

7.  The DD Form 214 he was issued confirms he was discharged under the provisions of paragraph 14-12(c) of Army Regulation 635-200, by reason of misconduct - drug abuse, with a general discharge.  He completed a total of 3 years, 4 months, and 16 days of total active service.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states that item 18 will show the mandatory entry of “Soldier (has) or (has not) completed first full term of service."  Extreme care is used when completing this item since this information assists the state in determining eligibility for unemployment compensation entitlement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he enlisted in the RA on 18 September 2006 for a period of 4 years and 18 weeks.  At the time of his discharge on 3 February 2010 he had completed only 3 years, 4 months, and 16 days of active service.  There is no evidence of record to show he reenlisted in 2009.

2.  The statement on his DD Form 214 that indicates he has not completed his first full term of service is valid.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ 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)                                         AR20100017737



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ABCMR Record of Proceedings (cont)                                         AR20100017737



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