IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003307 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003307 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 (Certificate of Release or Discharge from Active Duty) of the individual concerned be corrected by: a. deleting from item 18 (Remarks) the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and b. adding to item 18 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. IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160003307 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his first full term of service. 2. The applicant states he has included documents to show honorable service for his first enlistment and proof of his reenlistment to show that the remarks section on his DD Form 214 are incorrect. 3. The applicant provides his DD Form 4 (Enlistment/Reenlistment Document), DA Form 3340-R (Request for Regular Army Reenlistment or Extension), Honorable Discharge Certificate, and DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 8 April 1989 and incurred an 8-year service obligation. He enlisted in the Regular Army on 15 September 1989 for a period of 5 years. 3. On 3 March 1994, he submitted a request for reenlistment in the Regular Army. His DA Form 3340-R indicates his company commander certified he was fully qualified for reenlistment and approved the request on 3 March 1994. 4. He was discharged on 2 March 1994 for immediate reenlistment after completing 4 years, 5 months, and 17 days of his enlistment contract. 5. He reenlisted on 3 March 1994 for a period of 3 years. 6. On 8 November 1995, the Army discharged him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, by reason of misconduct. At the time of his discharge, he had completed a total of 6 years, 1 month, and 2 days of active military service with periods of lost time from 16 March 1995 to 22 March 1995, 31 March 1995 to 9 April 1995, and 1 June 1995 to 5 June 1995. Item 18 (Remarks) of his DD Form 214 shows, in part, the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE." REFERENCES: 1. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, in effect at the time, did not address the entries pertaining to whether or not a member completed their first full term of service. However, subsequent versions of the regulation do provide for these entries. 2. Army Regulation 635-5, dated 15 September 2000, states for item 18 the following entry is mandatory, "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." a. 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. 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. b. 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: 1. The evidence of record shows the applicant enlisted in the Regular Army on 15 September 1989 for a period of 5 years and reenlisted on 3 March 1994 for 3 years. His DD Form 214 shows he completed over 6 years of net active service. 2. The evidence of record indicates that the applicant completed his first full term of enlistment because he initially enlisted for 5 years and completed over 6 years. 3. Item 18 of his DD Form 214 does not contain the appropriate entry to indicate that he completed his first full term of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003307 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2