IN THE CASE OF:	  

		BOARD DATE:	    14 June 2011

		DOCKET NUMBER:  AR20110010471


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect she has completed her first full term of service.

2.  The applicant states she enlisted on 19 May 2005, reenlisted on 22 November 2008, and she was discharged on 9 November 2009; however, her DD Form 214 says, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

3.  The applicant provides:

* her DD Form 214
* an Honorable Discharge Certificate
* a DD Form 4 (Enlistment/Reenlistment Document)
* a DA Form 3286 (Statements for Enlistment)
* her DA Form 3340 (Request for Reenlistment or Extension in the Regular Army)
* a DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for 8 years on 3 May 2005.  On 18 May 2005, she was discharged from the USAR DEP and on 19 May 2005, she enlisted in the Regular Army for 4 years and 20 weeks.

2.  On 22 November 2008, she reenlisted in the Regular Army for 3 years.

3.  On 9 November 2009, she was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct (serious offense), with a general discharge.  Item 18 of her DD Form 214 contains the statement, "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

	a.  It provides that Item 18 requires the following mandatory entry: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."

	b.  It provides the following guidance for help in determining which entry – has or has not – will be used:

		(1)  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, except 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.

		(2)  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214.  If Soldier has completed or exceeded the initial enlistment, enter "has."  If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of Item 18 of her DD Form 214 to read "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."

2.  The applicant enlisted on 19 May 2005 for a term of service 4 years and
20 weeks.  Her term of service would have expired on 6 October 2009.  She reenlisted on 22 November 2008 and she was discharged on 9 November 2009.

3.  Based on the guidance in Army Regulation 635-5, the applicant clearly completed her first full term of service based on two criteria:

	a.  she reenlisted, and

b.  she served past 6 October 2009, the completion date for her first full term.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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 the Item 18 of her DD form 214 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and replacing it with the entry "SOLDIER HAS COMPLETED FIRST FULL 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)                                         AR20110010471



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ABCMR Record of Proceedings (cont)                                         AR20110010471



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