RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 AUGUST 2005
DOCKET NUMBER: AR20050000274
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |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 a separation document (Department of
Defense Form 214) be issued for the period 5 October 1987 through 9 October
1990.
2. The applicant states that a separation document was not issued at the
time he reenlisted in Saudi Arabia during Operation Desert Shield/Storm.
He states that he discovered the error while completing his application for
retirement.
3. The applicant provides a copy of order calling him to active duty in
1987 and a copy of his October 1990 reenlistment contract.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant was a member
of the United States Army Reserve when he was ordered to active duty for a
period of 3 years on 5 October 1987.
2. On 9 October 1990 the applicant executed a 4-year Regular Army
Reenlistment contract. His request for reenlistment, which was
authenticated by his commanding officer, indicates that the applicant
actually entered active duty on 11 October 1987 and that his scheduled
separation date was 10 October 1990.
3. In July 1994 the applicant executed a 6-year reenlistment contract and
in October 1999 he executed an indefinite reenlistment contract.
4. Army Regulation 635-5, which establishes the policies and provisions
for the preparation and distribution of separation documents, states that a
separation document will not be issued to enlisted Soldiers discharged for
immediate reenlistment in the Regular Army or for Soldiers on active duty
who are terminating their Reserve Component status to integrate in the
Regular Army.
5. The regulation also states that when completing a separation document,
item 12 (date entered active duty this period) will reflect the beginning
date of the continuous period of active duty for issuance of this
Department of the Defense Form 214, for which a Department of Defense Form
214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. There appear to have been no break in service between the applicant’s
period of active duty as a Reserve Component Soldier and when he executed
his Regular Army reenlistment contract. As such, no separation document
would have been prepared.
2. The applicant’s final separation document should reflect the beginning
date of his continuous period of active duty, which should include that
period between 1987 when he was ordered to active duty and 1990 when he
executed his reenlistment contract.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BE ___ ___KW__ __PM ___ 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.
______Barbara Ellis_________
CHAIRPERSON
INDEX
|CASE ID |AR20050000274 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050809 |
|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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