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ARMY | BCMR | CY2002 | 2002072706C070403
Original file (2002072706C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 10 DECEMBER 2002
         DOCKET NUMBER: AR2002072706


         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 Director
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Ted S. Kanamine Member
Mr. Conrad V. Meyer Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that item 12c (Net Active Service This Period) on his 1998 Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect 4 years of service. He notes that the item currently reflects no net active service. Additionally, the applicant questions whether his "Delayed Entry Times" is credited for anything.

3. Information available to the Board indicates that the applicant enlisted in the United States Army Reserve on 26 July 1993 under the Delayed Entry/Enlistment Program. His Department of Defense Form 4/1 (Enlistment/Reenlistment Document) notes that his period of time in the Delayed Entry/Enlistment Program was not creditable for pay purposes but was counted toward fulfillment of his military service obligation. The applicant's military service obligation, also know as his statutory service obligation, was 8 years commencing on his 26 July 1993 enlistment date. His separation document notes that his statutory service obligation terminated on 25 July 2001, 8 years after his initial enlistment date.

4. On 23 June 1994 the applicant enlisted in the Regular Army and entered active duty. He remained on active duty until 22 June 1998, a period of 4 years. However, item 12c on his separation document incorrectly reflects no net active service during the period of service cover by his separation document.

CONCLUSIONS:

1. The Board notes that an error occurred in the preparation of the applicant's separation document in item 12c when his 4 years of net active service was omitted from the document. The evidence clearly shows that the applicant had 4 years of net active service between 23 June 1994 and 22 June 1998 when he was released from active duty. His separation document should be corrected accordingly.

2. The applicant's time in the Delayed Entry/Enlistment Program does count towards completion of his statutory service obligation and that information is correctly recorded on his separation document in the date his reserve obligation terminated (25 July 2001). It does not count for active service or pay purposes.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing in item 12c of the applicant's separation document that his net active service was 4 years.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__CLA __ __TSK __ __CVM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Celia L. Adolphi______
                  CHAIRPERSON




INDEX

CASE ID AR2002072706
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021210
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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