RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050002659


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeannette McCants             |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to add his Reserve obligation
termination date in item 6 and to correct item 12c and item 12d to show he
completed 12 years total active duty service and 12 years total prior
active service.

2.  The applicant states, in effect, his DD Form 214 does not show his
reserve obligation termination date, his active service and prior active
service.

3.  The applicant provides three separation documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 25 August
1980 under the delayed enlistment program (DEP) for a period of six years.
He enlisted in the Regular Army on 4 August 1981 for a period of four
years.  He was honorably released from active duty on 2 August 1985 and was
transferred to the U.S. Army Reserve Control Group (Reinforcement).  He
completed 3 years, 11 months and 29 days total active service during the
period covered by the report.  His DD Form 214 for the period ending 2
August 1985 shows his Reserve obligation termination date as “870803.”

2.  The applicant enlisted in the USAR on 3 February 1987 under the DEP for
a period of eight years.  He enlisted in the Regular Army on 4 March 1987
for a period of three years.  The applicant was discharged from active duty
on 17 May 1989 for the purpose of immediate reenlistment.

3.  The applicant reenlisted in the Regular Army on 18 May 1989.  He
continued to serve on active duty until he was released from active duty on
18 May 1994.  The applicant was transferred to the USAR Control Group on
the following day.

4.  He was issued a DD Form 214 for the period ending 18 May 1994 which
shows he completed 7 years, 2 months and 15 days active military service
during the period covered by the report.

5.  The applicant was ordered to active duty on 17 January 2003 in support
of Operation Noble Eagle and Operation Enduring Freedom.  He was honorably
released from active duty on 16 January 2005 at the completion of his
required active service.

6.  He was issued a DD Form 214 for the period ending 16 January 2005 which
shows the entry “0000 00 00” in item 6.

7.  Item 12c on his DD Form 214 for the period ending 16 January 2005 shows
the entry “002 00 00.”

8.  Item 12d on his DD Form 214 for the period ending 16 January 2005 shows
he completed 7 years, 2 months and 15 days total prior active service.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time,
establishes the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it states that the Reserve obligation
termination date refers to the completion date of the statutory service
obligation incurred by all personnel on initial enlistment or appointment
into the Armed Forces.  This regulation states that the military service
obligation (MSO) starts on the date of initial enlistment or appointment in
the Regular Army, Army National Guard, and the U.S. Army Reserve to include
Delayed Entry Program.  The regulation also states that Soldiers
discharged, dismissed, or dropped from the Army rolls, or with an expired
MSO, enter "00 00 00" and Soldiers within 90 days of their MSO termination
date at separation will be considered to have completed their MSO and "00
00 00" will be entered.

10.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment,
Participation Requirements, and Enforcement Procedures), chapter 2,
paragraph 2-1 states that the statutory MSO is incurred on initial entry
into the Armed Forces whether by induction, enlistment, or appointment.  It
states that on and after 1 June 1984, all Soldiers incurred an 8-year
statutory MSO.  Prior to 1 June 1984, all personnel incurred a 6-year
statutory obligation on initial entry into the Armed Forces.

11.  Army Regulation 635-5 also 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.  In pertinent part, it directs
that the total active service will be entered in item 12c of the DD Form
214.  It also directs that total prior active service less lost time will
be entered in item 12d.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 4 August 1981 through 2 August
1985 and from 4 March 1987 through 18 May 1994.  He completed his statutory
Reserve service obligation on 24 August 1986 (6 years after his first
enlistment in the DEP).

2.  The applicant was ordered to active duty on 17 January 2003 and was
released from active duty on 16 January 2005.  Item 12c on his DD Form 214
for the period ending 16 January 2005 properly shows he completed 2 years
of active military service.  At the time of his release from active duty in
January 2005, he did not incur any further statutory Reserve service
obligation.  Therefore, his DD Form 214 for the period ending 16 January
2005 was properly prepared to reflect no Reserve obligation termination
date in item 6.

3.  The applicant was issued a DD Form 214 for the period ending 2 August
1985 which reflects 3 years, 11 months and 29 days total active service for
this period. In addition, he was issued a DD Form 214 for the period ending
18 May 1994 which reflects 7 years, 2 months and 15 days total active
service for this period.

4.  Calculations show the applicant completed a total of 11 years, 2 months
and 14 days total prior active service.

5.  However, the applicant's DD Form 214 for the period ending 16 January
2005 incorrectly reflects 7 years, 2 months and 15 days total prior active
service.  Therefore, it would be appropriate to amend item 12d on his DD
Form 214 for the period ending 16 January 2005 to show 11 years, 2 months
and 14 days total prior active service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JM______  JG______  JM______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending item 12d on his DD Form 214 for the
period ending 16 January 2005 to show the entry "0011 02 14."

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of his records to show he completed 12 years total active
service and 12 years total prior active service or that he had a statutory
Reserve service obligation as of 16 January 2005.




                                  John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002659                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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