APPLICANT REQUESTS: That his Retirement Year Ending (RYE) date for the USAR be corrected from 10 to 30 September.
APPLICANT STATES: That he was released from active duty on 29 September and enlisted in the USAR on 30 September which should have established his USAR RYE as 30 September.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the USAR Delayed Entry Program (DEP) on 10 September 1976 and was discharged from the DEP and enlisted in the Regular Army on 26 October 1976.
He served continuously through a reenlistment, was promoted to pay grade E-5, was awarded the military occupational specialty of improved Hawk fire control repairer, and was honorably released from active duty on 29 September 1983 and transferred to the USAR Control Group (Reinforcement) the following day.
He enlisted in a USAR unit on 30 September 1983 and was honorably discharged at the expiration of his term of service on 29 September 1986. He then had a break in service until his enlistment in the Air National Guard on 17 July 1992. On the date he submitted his application he was assigned to an Air National Guard unit in pay grade E-5.
Army Regulation 140-158, paragraph 1-4, states that enlistment in the DEP establishes a RYE date if the enlistment was prior to 1 January 1985, and that a RYE date does not change as long as the soldier has continuous service in an active and/or regular component.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant enlisted in the DEP on 10 September 1976 and has maintained continuous service in an active and/or regular component since that date.
2. As such, his RYE is properly established as 10 September and there is no reason to change it.
3. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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