ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20170012198 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * block 11 (Primary Specialty) list the number of years and months for his military occupational specialty (MOS) * block 12c (Net Active Service this Period), correct total of net active service * block 18 (Remarks), change the statement “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE”, applicant completed his term of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Online Application) * DD Form 4 (Enlistment/Reenlistment Document) * page 2 of DA Form 3286 (Statements for Enlistment, United States (U.S.) Army Enlistment Program, U.S. Army Delayed Enlistment Program) * DA Form 3286 Annex A (Statements for Enlistment) * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) * Retention and Reclassification System screen * Army Training Reenlistment Option E-3 * Enlisted Record Brief (ERB) 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 4 years, 10 months, and 21 days prior to his reenlistment. He completed his term of service when he reenlisted on 7 June 2013. Blocks 12a (Date Entered AD This Period) and 12b (Separation Date this Period) are separated by 8 years and block 12c only shows 5 years. 3. The applicant provided page 2 of DA Form 3286, DA Form 3286 Annex A, DA Form 3340-R, retention and reclassification system screen, and Army Training Reenlistment Option E-3. All documents are illegible. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 16 July 2008. He enlisted in the RA as a 21B (12B) (Combat Engineer). b. His reenlistment reservation record shows he reenlisted in the RA on 7 June 2013 for 4 years. c. On 13 July 2016, he was discharged from active duty. His DD Form 214 shows that he completed 5 years, 1 month, and 15 days of active service with 3 years, 10 months, and 12 days of lost time. His DD Form 214 shows in: * block 11 (Primary Specialty) 12B10 Combat Engineer – 00 YRS 00 MOS * block 12c (Net Active Service this Period), 0005 01 15 * block 18 (Remarks), MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE * block 29 (Dates of Time Lost During this Period), Under 10 USC 972: 20130901-20160713 5. By regulation 635-5, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on completing the DD Form 214. It states for: a. Block 11 (Primary Specialty), enter from ERB/officer record brief, enter the titles of all MOS or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. b. Block 12c (Net Active Service this Period), enter amount of service this period, computed by subtracting item 12a from 12b. Lost time under 10 USC 972 and non- creditable time after expiration of term of service, if any, are deducted. Such time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter "00 00 00." c. Block 18 (Remarks), use this block for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. Mandatory entry: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. d. MOS 21B used to be the MOS for enlisted combat engineers, prior to an Army conversion in October 2010. MOS 21B no longer exists and combat engineers is currently MOS 12B. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. As for that portion of the request relating to changing the MOS of the applicant, Board members agreed that he was awarded the MOS sometime in 2008. Therefore, the Board voted to grant this portion of the request. As for that portion of the request related to the completion of first term of service, since he reenlisted, his first term of service was re-defined by his reenlistment. Board members voted to grant relief. As for the total service adjustment requested by the applicant, he enlisted in 2008 and he was separated in 2016. He has lost time of 3 years and 10 months, which is subtracted from his total creditable service. Board members voted to deny this portion. 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 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 amending his DD Form 214 ending on 13 July 2016 as follows: * block 11 (Primary Specialty) delete 12B10 Combat Engineer – 00 YRS 00 MOS and add 12B1O Combat Engineer 4 YRS 9 MOS * block 18 (Remarks), delete the statement “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE” and add the statement "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" 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 block 12c (Net Active Service this Period), correct total of net active service 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. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on completing the DD Form 214. It states for: a. Block 11 (Primary Specialty), enter from ERB/officer record brief, enter the titles of all MOS or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. b. Block 12c (Net Active Service this Period), enter amount of service this period, computed by subtracting item 12a from 12b. Lost time under 10 USC 972 and non- creditable time after expiration of term of service, if any, are deducted. Such time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter "00 00 00." c. Block 18 (Remarks), use this block for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. Mandatory entry: "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use: (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. 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. (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." (3) To determine if an officer has completed their commitment, refer to the initial active duty order as appropriate, for the number of months the officer is ordered to active duty. Compare the service obligation to the net service in block 12c of the DD Form 214. If an officer has met or exceeded the obligation, enter "has." If item 12c of the DD Form 214 is less than the soldier's commitment, enter "has not." (4) Exception. If the narrative reason for separation on the DD Form 214 is "completion of required active service, "then enter "has." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012198 3 1