ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	
	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20170013016


APPLICANT REQUESTS: his DD214 be corrected to show a period of honorable 
service from 31 August 2006 to 3 November 2010.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States)

FACTS:

1.  The applicant states, he believe his record to be in error because he reenlisted 
on 4 November 2010.  He received an honorable discharge for the period from 
31 August 2006 to 3 November 2010.

2.  The applicant provided his DD Form 4 (Enlistment/Reenlistment Document 
Armed Forces of the United States) item 5 (Date of Enlistment/Reenlistment) 
4 November 2010.

3.  The applicant service record shows:

	a.  He enlisted in the Regular Army on 31 August 2006.

	b.  He reenlisted in the Regular Army on 4 November 2010.

	c.  On 2 February 2014 he was discharged from active duty.  His DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows that he was discharged 
under the provisions of AR 635-200, Chapter 3 (by Court-Martial other) with a Bad 
Conduct characterization of service.  He had lost time from 13 June 2012 to 
10 April 2013 and excess leave from 28 May 2013 to 2 July 2014.

4.  By regulation Army Regulation 635-8 (Separations Processing and Documents) 
routinely, a RA Soldier should not be considered to have completed the first full term 
of 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.  A prior service enlistee is considered to be on a second term of military 
service, even if that Soldier fails to complete the current term of service.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  Regulatory 
guidance provides for the listing of continuous periods of honorable service when the 
member receives a discharge with a less than honorable character of service.  
Evidence of record shows he reenlisted on 4 November 2010.  The DD Form 214 
should show his immediate reenlistment, and completion of his first full term of 
service; however, his form does not.  
 
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

     :X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending block 18 of his 
DD Form 214 for the period ending 2 July 2004 by:

     a.  deleting “Member has not completed first full term of service”

     b.  adding the following statements:

*	Continuous honorable active service from 31 August 2006 until 3 November 
2010
*	Immediate reenlistments this period 31 August 2006 – 3 November 2010; 
4 November 2010 – 2 July 2014
*	Member has completed first full term of 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.  By regulation Army Regulation 635-8 (Separations Processing and Documents) 
routinely, a RA Soldier should not be considered to have completed the first full term of 
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.  A prior 
service enlistee is considered to be on a second term of military service, even if that 
Soldier fails to complete the current term of service, the appropriate entry is “HAS”.

2.  Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), in effect at 
the time, sets forth the basic authority for the separation of enlisted personnel.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013016

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