BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010644 


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) to show the entry "MEMBER COMPLETED FIRST FULL TERM OF SERVICE" instead of "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

2.  The applicant states:

* item 18 of his DD Form 214 states he did not complete his first term and this is not correct 
* item 18 also notes his reenlistment
* this error affects his ability to get education benefits based on his honorable period of service

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract shows he enlisted in the Regular Army (RA) on 1 June 2006 for a period of 3 years and 24 weeks.  He completed his training and was awarded military occupational specialty 91H (track vehicle repairer).  He served in Iraq from 3 August 2011 to 23 November 2011.  

2.  His reenlistment document is not available.   However, a memorandum, dated 10 April 2012, from his unit commander indicates the applicant reenlisted on
30 January 2008 for a period of 6 years.
3.  On 23 April 2012, he was discharged under honorable conditions (general) for misconduct.

4.  Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows the entry "2006  06  01" (1 June 2006).  Item 18 of his DD Form 214 shows the entries:

* "IMMEDIATE REENLISTMENTS THIS PERIOD -  20060601- 20080129"
* "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"

5.  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.  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.  It also states for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant enlisted in the RA on 1 June 2006 for a period of 3 years and 24 weeks.  Although his service personnel records do not contain a reenlistment document, documentation from his unit commander shows he reenlisted on 30 January 2008 for a period of 6 years and his DD Form 214 shows he had more than one enlistment period during the time covered by the DD Form 214.  This information is accepted as sufficient evidence on which to amend item 18 of his DD Form 214.  Therefore, in accordance with the governing regulation, item 18 of his DD Form 214 should be corrected to show he completed his first full term of service.

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 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF 
SERVICE" from item 18 of his DD Form 214 and replacing it with the entry "MEMBER 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)                                         AR20120010644



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ABCMR Record of Proceedings (cont)                                         AR20120010644



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