AR20150009576

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009576

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x____ ___x____ ___x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009576

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

___________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: 31 March 2016

DOCKET NUMBER: AR20150009576

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, in effect, correction of item18 (Remarks) of her DDForm214 (Certificate of Release or Discharge from Active Duty) to reflect her completion of 90-percent of her initial contractual active duty service obligation.

2. The applicant states:

* the remarks block of her DDForm214 states “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE”
* her discharge orders state she completed at least 90percent of her initial contractual active duty service obligation

3. The applicant provides:

* Headquarters, 3dInfantry Division (Mechanized) and FortStewart, Orders160-0007, dated 8 June 2004
* Headquarters, 3dInfantry Division (Mechanized) and FortStewart, Orders168-0007, dated 16 June 2004
* DDForm214

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 Regular Army on 2 October 2000. Her DDForm4 (Enlistment/Reenlistment Document) shows she enlisted for a period of 4years.

3. Headquarters, 3dInfantry Division (Mechanized) and FortStewart, Orders160-0007, dated 8 June 2004, reassigned her to the U.S.Army Transition Point for transition processing. The orders contain the statement: “Soldier has not completed at least 90percent of initial contractual active duty service obligation.”

4. Headquarters, 3dInfantry Division (Mechanized) and FortStewart, Orders168-0007, dated 16June 2004, amended the above-referenced orders to include the statement: “Soldier has completed at least 90percent of initial contractual active duty service obligation.”

5. Her DDForm214 shows she was honorably released from active duty on 18June 2004 due to pregnancy and credited with 3years, 8months, and 17days of net active service.

REFERENCES:

Army Regulation635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DDForm214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions for entries in item18 stated:

a..This block should be used 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.
b. Mandatory entries are: “DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD [DEPARTMENT OF DEFENSE] OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS” and “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE.” This information assists the State in determining eligibility for unemployment compensation entitlement.

c. 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 completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.

d. 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 block12c (Net Active Service this Period) of the DDForm214. If the Soldier has completed or exceeded the initial enlistment, enter “HAS.” If item12c of the DDForm214 is less than the Soldier’s initial enlistment, enter “HAS NOT.”

DISCUSSION:

1. The available evidence of record shows the applicant did not complete her first full term of service.

2. Records reflect she enlisted for a 4 year term of service and she completed 3years, 8months, and 17days of net active service.

3. Her discharge orders correctly reflect she completed at least 90percent of her initial contractual active duty service obligation.

4. Regulatory guidance dictates the annotation of whether or not the first full term of service was completed in item18 of the DDForm214, by entering either “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” or “SOLDIER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.” There is no allowance for annotating percentages served of initial contractual active duty service obligations on the DDForm214.

5. Item18 on her DDForm214 contains the accurate statement, “SOLDIER HAS NOT COMPLETED 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) AR20150009576

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009576

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2