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ARMY | BCMR | CY2001 | 2001059005C070421
Original file (2001059005C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 July 2001
         DOCKET NUMBER: AR2001059005

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Michael L. Engle Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Eric N. Anderson Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his military records be corrected to show his date of entry into active duty as 19 October 1989.

APPLICANT STATES: In effect, that he actually entered active duty on
19 October 1989, but his records incorrectly show 19 October 1990. He contends that there was an administrative error made on his Certificate of Release or Discharge from Active Duty (DD Form 214) at the time of his separation. In support of his application, he provides a copy of his DD Form 214.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the United States Army Reserve on 10 October 1990 for 8 years. On 19 October 1990, he requested release from the Army Reserve and enlisted in the Regular Army for 4 years and 17 weeks. He completed his initial training and was assigned for duty as a combat engineer (12B). In 1991 he completed basic airborne training and was subsequently promoted to the rank of specialist, E-4 on 19 December 1992. On 26 August 1994, the applicant reenlisted for an additional 3 years.

On 20 July 1995, the applicant’s commander recommended that he be barred to reenlistment due to his failure to maintain his weight and body fat within the Army standard. The appropriate authority approved the recommendation.

On 21 March 1996, the applicant requested immediate separation from the Army due to his failure to overcome the locally imposed bar to reenlistment. The appropriate authority approved his request on 28 March 1996, directing that he be issued an Honorable Discharge Certificate and transferred to the Individual Ready Reserve for completion of his statutory service obligation.

Accordingly, on 18 May 1996, the applicant was separated. He completed
5 years and 7 months of creditable active service and had no lost time.

The applicant’s DD Form 214 shows that he enlisted in the Regular Army on
19 October 1990 and served continually until his honorable release from active duty on 18 May 1996.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant’s contention that he entered the Army on 19 October 1989 is not supported by any evidence of record. He has not provided any evidence showing that he performed any active duty service prior to 19 October 1990.

2. In view of the foregoing, there is no basis for granting the applicant's 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

__RVO_ __ HOF __ __ENA__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001059005
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/07/26
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.



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