IN THE CASE OF: BOARD DATE: 5 April 2012 DOCKET NUMBER: AR20110018889 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: a. the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY//NOTHING FOLLOWS" be removed from item 18 (Remarks) of his DD Form 214 for the period ending 28 July 2011; and b. his general discharge be upgraded to honorable. 2. The applicant states he completed his first full term of service. 3. The applicant provides: * Memorandum, dated 20 June 2011, from his defense counsel * DD Form 214 for the period ending 28 July 2011 CONSIDERATION OF EVIDENCE: 1. The applicant requested his general discharge be upgraded to honorable. However, his case will be forwarded to the Army Discharge Review Board for consideration of a discharge upgrade prior to this Board's review. Therefore, this portion of his request will not be discussed further in these proceedings. 2. The applicant enlisted in the Army National Guard (ARNG) on 18 January 2001 for a period of 8 years. He was ordered to active duty on 22 June 2004 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 19 November 2004 to 25 October 2005. On 30 November 2005, he was released from active duty. On 17 July 2007, he was honorably discharged from the ARNG. 3. He enlisted in the ARNG on 21 February 2008 for a period of 1 year. He was honorably discharged on 29 July 2009. 4. His enlistment contract shows he enlisted in the Regular Army (RA) on 30 July 2009 for a period of 3 years and 10 weeks. He trained as a cannon crewmember. 5. On 28 July 2011, he was discharged under honorable conditions (general) after completing 1 year, 11 months, and 29 days of creditable active service. 6. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 for the period ending 28 July 2011 shows the entry "2009  07  30" [30 July 2009]. Item 18 of his DD Form 214 shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY//NOTHING FOLLOWS." 7. He provides a memorandum, dated 20 June 2011, from his defense counsel wherein he submits a request to suspend the applicant's separation. He states: * The applicant's current problems were caused by a combination of his mental health medications and issues related to caring for his son * He had a strong ten-year career in the Army, including his time in the ARNG * Prior to the misconduct that led to his separation action he had no bad paper in his file * He deployed to Iraq in 2004/2005 with his ARNG unit * He was a model Soldier before he experienced mental health issues caused by the deterioration of his marriage and the death of his youngest son * His current misconduct is not indicative of his career 8. Army Regulation 635-5 (Separation Documents) states the mandatory entry of "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" will be entered in item 18 of the DD Form 214. The regulation states that 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. There is no provision to show the entry "MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" in item 18 of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he completed his first full term. 2. The applicant enlisted in the RA on 30 July 2009 for a period of 3 years and 10 months and he was discharged on 28 July 2011 after completing 1 year, 11 months, and 29 days of active service. It appears he did not complete his initial contracted period of active service. Therefore, there is insufficient evidence on which to delete the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214 for the period ending 28 July 2011. 3. Since there is no provision to show the entry "MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" in item 18 of the DD Form 214, it would be appropriate to remove this entry from item 18 of his DD Form 214 for the period ending 28 July 2011. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X ___ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "MEMBER IS ENTITLED TO NO INVOLUNTARY SEPARATION PAY" from item 18 of his DD Form 214 for the period ending 28 July 2011. 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from item 18 of his DD Form 214 for the period ending 28 July 2011. _______ _ _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) AR20110018889 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018889 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1