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ARMY | BCMR | CY2004 | 2004100102C070208
Original file (2004100102C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 October 2004
      DOCKET NUMBER:   AR2004100102


      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             |
|     |Mrs. Carolyn Wade                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 date initially entered military service
(DIEMS) be changed from 5 June 1986 to 28 February 1989 in order to take
advantage of the career status bonus.

2.  The applicant states that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) from the Navy is an entry-level separation.  He
states that the Navy was not accepting people with flat feet, but the
doctor who examined him did not inform him of this and that he was not
informed until he was in basic training.  He states that after 27 days, he
was discharged from the Navy and issued a DD Form 214 showing erroneous
enlistment-enlisted in error.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD
Form 4/1 (Enlistment/Reenlistment Document).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Navy
on 5 June 1986 and was discharge on 1 July 1986 with an entry-level
separation.

2.  On 26 January 1989, the applicant enlisted in the United States Army
Reserve (USAR) Delayed Entry Program (DEP).

3.  On 28 February 1989, the applicant enlisted in the Regular Army for a
period of 4 years.  The applicant is currently serving on active duty and
is stationed in Kuwait.

4.  In the processing of this case an advisory opinion was obtained from
the United States Army Enlisted Records and Evaluation Center,
Indianapolis, Indiana.  The opinion stated that:

      a.  The applicant's DIEMS date is 5 June 1986, the date he entered
the Navy.

      b.  The applicant entered the Army's DEP on 26 January 1989 and
entered active duty on 28 February 1989.

      c.  Even though the applicant was discharged for erroneous
enlistment, his DIEMS date remains the date he entered the Navy which is 5
June 1986.

      d.  In order to qualify for the Career status Bonus/REDUX, a DIEMS
date would have to be 1 August 1986 or later.

      e.  There are no provisions to adjust a DIEMS date so that someone
can take advantage of the bonus.

      f.  The opinion recommended that the applicant's request be denied.

5.  The applicant responded to the advisory opinion through e-mail.  He
indicates that he is in Kuwait and does not have access to paperwork for a
rebuttal statement.  He states that he does not understand how an erroneous
enlistment can have a DIEMS date.  He inquired into how to get his Navy
time calculated into his retirement date if the ABCMR does not change his
DIEMS date.

6.  DIEMS is defined as 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.
Breaks in service do not affect a DIEMS date.  Members of the DEP are
considered under these provisions.  This date is used solely to indicate
which retirement plan a member is under.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Navy on 5
June 1986.

2.  The evidence of record shows the applicant entered the DEP on 26
January 1989 and entered the RA on 28 February 1989.

3.  In accordance with the advisory opinion and based on the definition of
DIEMS, the applicant's DIEMS date is correctly reflected as 5 June 1986 and
there is no reason to change it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __rtd___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100102                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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