ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170009651 APPLICANT REQUESTS: * add Mold Remediation Certification to his DD Form 214 (Certificate of Release or Discharge from Active Duty) * his DD Form 214 show that he completed his first full term of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he served for 11 years with more than 1 reenlistment with continuous honorable service. He did complete his first full term of service. He served under Command Sergeant Major doing his Mold Remediation Certification course and passed all the test and exams. 3. The applicant provides ERB and DD Form 214. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 18 February 1998. On 30 July 1998, he was discharged due to entry level performance and conduct. He received an entry level, uncharacterized discharge. b. He enlisted in the Regular Army on 8 June 2001. c. He reenlisted in the Regular Army on 13 August 2003. On 9 February 2006, he signed an extension to this contract. d. He reenlisted in the Regular Army on 26 July 2007. On 19 February 2010, he signed an extension to this contract. e. He served in several tours in Iraq from 12 February 2003 to 12 February 2004, 20 March 2008 to 10 August 2009, and 3 March 2011 to 10 August 2011. 4. On 25 October 2012, he was convicted by a general court-martial of two specifications of wrongful sexual contact, one specification of sexual harassment, and one specification of rape. The court sentenced him to be confined for twenty years, forfeiture of all pay and allowances; reduction to private/E-1; and a dishonorable discharge. 5. On 11 February 2016, the applicant was discharged in the rank/grade of private/ E-1. His DD Form 214 shows he was discharged in accordance with chapter 3 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) as a result of court-martial with a dishonorable discharge. It also shows he completed 11 years, 4 months, and 17 days of active service with lost time from 25 October 2012 to 11 February 2016. It also shows in: * Item 18, continuous honorable active service: 20010608-20070725 * item 18, immediate reenlistments this period: 20030813-20070725 and 20070726-20160211 * item 18, member has not completed first full term of service 6. By regulation, the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The applicant’s active service was continuous and his DD Form 214 already lists the period of continuous honorable service. 7. By regulation (AR 635-200), every Soldier in active Federal service who is unable for more than 1 day to perform duty will complete the full term of service or obligation, exclusive of such time lost. The term will be served when the Soldier returns to full duty status. a. Lost time refers to periods of more than 1 day when a Soldier on active duty cannot perform duty because of (1) Desertion. (2) Absence without proper authority. (3) Confinement under sentence. (4) Confinement while awaiting trial or disposition of Soldier’s case, if trial results in conviction. (5) Intemperate use of drugs or alcohol. (See AR 600–85.) (6) Disease or injury, the result of Soldier’s misconduct. 8. By regulation (AR 635-8), List all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses). Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His record shows he did not complete his first full term of service covered by the DD Form 214 for the period ending 30 July 1998. However, his record clearly shows he enlisted 3 years later and executed immediate reenlistments before he was once again discharged. The Board agreed to amend his separation document to show he completed his first full term on the later DD Form 214. His record is absent evidence showing he attended and completed a military course for Mold Remediation and the applicant provided none. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending block 18 of his DD Form 214 for the period ending 11 February 2016 by showing “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE.” 2. The Board further determined the evidence presented is 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 adding Mold Remediation Certification. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200 (Active Duty Enlisted Administrative Separations), every Soldier in active Federal service who is unable for more than 1 day to perform duty will complete the full term of service or obligation, exclusive of such time lost. The term will be served when the Soldier returns to full duty status. a. Lost time refers to periods of more than 1 day when a Soldier on active duty cannot perform duty because of (1) Desertion. (2) Absence without proper authority. (3) Confinement under sentence. (4) Confinement while awaiting trial or disposition of Soldier’s case, if trial results in conviction. (5) Intemperate use of drugs or alcohol. (See AR 600–85.) (6) Disease or injury, the result of Soldier’s misconduct. 3. AR 635-8 (Separation Processing and Documents), List all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses). Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. //NOTHING FOLLOWS//