| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Charles Gainor | Member |
2. The applicant requests that the orders discharging him from the Army Reserve on 17 December 1997 be corrected to show his discharge date as 5 February 1998, the terminal date of his Reserve obligation.
3. The applicant states the date of his discharge does not correspond with the date on his 27 September 1997 DD Form 214. Furthermore, he attended drill in January 1998 as scheduled and received drill pay. Since 5 February 1998 was the end of his eight year commitment, he was not required to attend drill thereafter. The applicant submits a copy of his DD Form 214 and his discharge order. The bank records that he states that he provides with his request is not included with his application.
4. The applicant’s military records show that he enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 6 February 1990. He was discharged from that program upon his enlistment in the Regular Army for 4 years on 5 February 1991. He had continuous active service until his release from active duty on 27 September 1997. On 31 July 1997, prior to his release from active duty, the applicant voluntarily elected to serve in the Selected or Ready Reserve. His DD Form 214 shows that he was transferred to the 7223 Medical Support Section 1, in Mobile, Alabama. That form shows that the terminal date of his Reserve obligation is 5 February 1998.
5. Orders Number 351-67, Headquarters, 81st Regional Support Command, show that the applicant was discharged from the Army Reserve on 17 December 1997 under the provisions of Army Regulation 135-178, chapter 11.
6. Army Regulation 135-178, chapter 11, provides for the discharge of enlisted soldiers from the Army Reserve upon completion of their period of statutorily obligated service.
7. Army Regulation 135-91 prescribes policies and procedures governing the various types of service obligations, and states in pertinent part, that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.
CONCLUSIONS:
1. The applicant’s 8-year enlistment on 6 February 1990 was mandated by law. Consequently, the terminal date of his military service obligation was 5 February 1998 as indicated on his DD Form 214.
2. He was discharged on 17 December 1997, prior to the ending period of his statutory military obligation. Because the order shows that he was discharged upon the completion of his statutory military service, the discharge date of 17 December 1997 is obviously an error. Consequently, this discharge is incorrect, is null and void, and of no force or effect.
3. The applicant’s records should be corrected to show that he was discharged from the Army Reserve on 5 February 1998.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by revoking the order discharging the applicant from the Army Reserve on 17 December 1997. That order is null and void and of no force or effect.
b. by showing that the applicant was discharged from the Army Reserve on 5 February 1998.
BOARD VOTE:
__INW __ __WTM__ __CG __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Irene N. Wheelwright____
CHAIRPERSON
| CASE ID | AR2002072846 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021003 |
| 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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