RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20040010451


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to reflect his correct date of
rank, BASD (basic active service date), and his DIEMS (date initially
entered active service date).

2.  The applicant states, in effect, that his DOR (date of rank) should be
26 September 1998, his BASD should be 26 June 1996, and his DIEMS should be
29 February 1996.

3.  The applicant provides:

      a.  A DA Form 1506 (Statement of Service-For Computation of Length of
Service for Pay Purposes).


      b.  A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment).


      c.  A copy of his DD Form 214


      d.  A DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of
the United States.

      e.  A printout of his promotion data.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program (DEP) on 29
February 1996 (leap year).  The date of 29 February 1996 is also his DIEMS
date.  He was discharged from the DEP on 26 June 1996 and enlisted in the
Regular Army for a period of 3 years.

3.  The applicant was discharged on 17 August 1999 and reenlisted in the
Regular Army for a period of 3 years.

4.  On 26 March 2002, the applicant signed a DA Form 4991-R (Declination of
Continued Service Statement) which shows he declined an assignment to
Alaska because he did not have 36 months remaining on his expiration term
of service (ETS).


5.  The applicant was honorably discharged from active duty on 17 August
2002. His DD Form 214 shows he completed 6 years, 1 month, and 22 days of
active duty service.  His DD Form 214 shows in item12h (Effective Date of
Pay Grade), an effective date on 26 September 1998.  Item 18 (Remarks)
shows in part, the applicant was in the DEP from 29 February 1996 to 25
June 1996.  Item 12d and item 12e on the applicant's DD Form 214 for the
period ending 17 August 2002 does not show he completed any prior active
service or prior inactive service.

6.  The applicant was transferred to the Individual Ready Reserve (IRR) on
18 August 2002.  He remained in the IRR until 12 March 2003.  The applicant
served in the U.S. Army Reserve from 11 December 2003 until 30 June 2004.

7.  On 1 July 2004, the applicant enlisted in the Regular Army for a period
of
3 years.

8.  The applicant’s records contain a DD Form 1966/1 (Record of Military
Processing-Armed Forces of the United States) which shows the applicant’s
date of enlistment in the DEP as 29 February 1996 and his enlistment and
active duty service date as 26 June 1996.

9.  The applicant’s Enlisted Record Brief, dated 19 July 2000 shows both
his PEBD and BASD as 26 June 1996.  This document also shows the
applicant’s physical profile was listed as 111111.

10.  The applicant’s military records contain a document which shows he was
qualified for service with a physical profile of 111121 effective 8 January
2004.  There is no additional information or medical records contained the
applicant’s military personnel records.

11.  The applicant provided a DA Form 1506 (Statement of Service for
Computation of Length of Service for Pay Purposes).  This document shows
the
the applicant’s PEBD (pay entry basic date) date as 26 June 1996.  His BASD
is shown as 10 May 1998.

12.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES): P-physical capacity or
stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-
eyes, and S-psychiatric.  Numerical designator "1" under all factors
indicates that an individual is considered to possess a high level of
medical fitness and, consequently, is medically fit for any military
assignment.  Numerical designators "2" and "3" indicate that an individual
has a medical condition or physical defect which requires certain
restrictions in assignment within which the individual is physically
capable of performing military duty.

13.  The U. S. Army Human Resources Command Military Personnel Message
Number 03-103, Subject:  DIEMS (date initially entered military service) is
the date an individual was initially enlisted, inducted, or appointed in a
Regular or Reserve Component of a uniformed service as a commissioned
officer, warrant officer, or enlisted member.  The DIEMS is the first time
any contract was signed obligating the Soldier to any type of military
service, even if it was later voided.  This date is used solely to indicate
which retirement plan a member is under.

14.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant originally enlisted in the U.S. Army DEP on 29 February
1996.  This effectively makes his DIEMS 29 February 1996.  Therefore, his
records should be corrected where appropriate to show his DIEMS 29 February
1996.  The applicant’s DD Form 214 already contains this date in item 18
(Remarks).

2.  The applicant contends that his date of rank should be 26 September
1998.  However, this is the date reflected on his DD Form 214 in item 12h.
Therefore, no further correction is required.

3.  The applicant’s BASD is 26 June 1996.  This date is also shown on his
DD Form 214 in item 12a (Date Entered Active Duty this Period) and on his
Enlisted Record Brief.  Therefore, no further correction is required on
these documents.




4.  The applicant contends that PULHES rating is incorrect.  However,
evidence of record shows that his physical profile of 111121 was granted on
8 January 2004.  There is no evidence in the available records which shows
the applicant’s
current profile (if applicable).  The applicant provided no specific
information regarding why he felt the rating was incorrect or what
documents contained the incorrect information.  Therefore, there is no
basis for correcting his records.

5.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Enlisted Records and
Evaluation Center, Indianapolis, Indiana, as outlined in paragraph 2 of
BOARD DETERMINATION below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ JCH  _  __TEO __  __PHM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
Enlisted Records and Evaluation Center administratively correct the records
of the individual concerned to show the applicant’s date he initially
entered the DEP as
29 February 1996.





                            _____ James C. Wise______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010451                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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