ABCMR Record of Proceedings (cont) AR20050002659
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 October 2005
DOCKET NUMBER: AR20050002659
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMs. Beverly A. Young / Analyst
The following members, a quorum, were present:
Mr. John Meixell / ChairpersonMr. James Gunlicks / Member
Ms. Jeannette McCants / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20050002659
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 add his Reserve obligation termination date in item6 and to correct item 12c and item 12d to show he completed 12 years total active duty service and 12 years total prior active service.
2. The applicant states, in effect, his DD Form 214 does not show his reserve obligation termination date, his active service and prior active service.
3. The applicant provides three separation documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 25 August 1980 under the delayed enlistment program (DEP) for a period of six years. He enlisted in the Regular Army on 4 August 1981 for a period of four years. He was honorably released from active duty on 2 August 1985 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3years, 11 months and 29 days total active service during the period covered by the report. His DD Form 214 for the period ending 2 August 1985 shows his Reserve obligation termination date as “870803.”
2. The applicant enlisted in the USAR on 3 February 1987 under the DEP for a period of eight years. He enlisted in the Regular Army on 4 March 1987 for a period of three years. The applicant was discharged from active duty on 17 May 1989 for the purpose of immediate reenlistment.
3. The applicant reenlisted in the Regular Army on 18 May 1989. He continued to serve on active duty until he was released from active duty on 18 May 1994. The applicant was transferred to the USAR Control Group on the following day.
4. He was issued a DD Form 214 for the period ending 18 May 1994 which shows he completed 7 years, 2 months and 15 days active military service during the period covered by the report.
5. The applicant was ordered to active duty on 17 January 2003 in support of Operation Noble Eagle and Operation Enduring Freedom. He was honorably released from active duty on 16 January 2005 at the completion of his required active service.
6. He was issued a DDForm 214 for the period ending 16 January 2005 which shows the entry “0000 00 00” in item 6.
7. Item 12c on his DD Form 214 for the period ending 16 January 2005 shows the entry “002 00 00.”
8. Item 12d on his DD Form 214 for the period ending 16 January 2005 shows he completed 7 years, 2 months and 15 days total prior active service.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that the Reserve obligation termination date refers to the completion date of the statutory service obligation incurred by all personnel on initial enlistment or appointment into the Armed Forces. This regulation states that the military service obligation (MSO) starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, and the U.S. Army Reserve to include Delayed Entry Program. The regulation also states that Soldiers discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "00 00 00" and Soldiers within 90 days of their MSO termination date at separation will be considered to have completed their MSO and "00 00 00" will be entered.
10. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), chapter 2, paragraph2-1 states that the statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. It states that on and after 1 June 1984, all Soldiers incurred an 8-year statutory MSO. Prior to 1June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.
11. Army Regulation 635-5 also states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the total active service will be entered in item 12c of the DD Form 214. It also directs that total prior active service less lost time will be entered in item 12d.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 4 August 1981 through 2 August 1985 and from 4 March 1987 through 18 May 1994. He completed his statutory Reserve service obligation on 24 August 1986 (6 years after his first enlistment in the DEP).
2. The applicant was ordered to active duty on 17 January 2003 and was released from active duty on 16 January 2005. Item 12c on his DD Form 214 for the period ending 16 January 2005 properly shows he completed 2 years of active military service. At the time of his release from active duty in January 2005, he did not incur any further statutory Reserve service obligation. Therefore, his DDForm 214 for the period ending 16 January 2005 was properly prepared to reflect no Reserve obligation termination date in item 6.
3. The applicant was issued a DD Form 214 for the period ending 2 August 1985 which reflects 3 years, 11 months and 29 days total active service for this period. In addition, he was issued a DD Form 214 for the period ending 18 May 1994 which reflects 7 years, 2 months and 15 days total active service for this period.
4. Calculations show the applicant completed a total of 11 years, 2 months and 14 days total prior active service.
5. However, the applicant's DD Form 214 for the period ending 16 January 2005 incorrectly reflects 7 years, 2 months and 15 days total prior active service. Therefore, it would be appropriate to amend item 12d on his DD Form 214 for the period ending 16 January 2005 to show 11 years, 2 months and 14 days total prior active service.
BOARD VOTE:
______GRANT FULL RELIEF
JM______JG______JM______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 item 12d on his DD Form 214 for the period ending 16 January 2005 to show the entry "0011 02 14."
2. The Board further determined that 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 correction of his records to show he completed 12 years total active service and 12 years total prior active service or that he had a statutory Reserve service obligation as of 16 January 2005.
John Meixell______
CHAIRPERSON
INDEX
CASE ID / AR20050002659SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20051020
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / GRANT PARTIAL
REVIEW AUTHORITY / Mr. Schneider
ISSUES 1. / 100.0000
2.
3.
4.
5.
6.
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