RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050004562


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. 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, in effect, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected to show that he entered the service on 25
February 2001, not 6 June 2001, because it is affecting his GI educational
benefits.

3.  The applicant provides a copy of his Initial Infantry Training
Certificate, issued by the Infantry Training Brigade, U.S. Army Infantry
School, Fort Benning, Georgia, on 8 June 2001; page 1 of a SF 88 (Report of
Medical Examination). dated 7 June 2000; and a SF 600 (Chronological Record
of Medical Care), dated 28 February 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 November 2003, the date of his release from active duty with
the U.S. Army.  The application submitted in this case is dated 11 January
2005.

2.  The applicant's service records contain DD Form 4 series (Enlistment/
Reenlistment Document - Armed Forces of the United States), dated 12 June
2000, which shows he enlisted in the U.S. Army Reserve for a period of 8
years on 12 June 2000.  Section B (Agreements) of the DD Form 4/1 shows
that the applicant understood that he would be ordered to active duty as a
Reservist, unless he reported to the Nashville Military Entrance Processing
Station, Nashville, Tennessee, by 0600 hours, 6 June 2001, for enlistment
in the Regular component of the U.S. Army.

3.  The applicant's records contain a DD Form 2366 (Montgomery GI Bill Act
of 1984 (MGIB)), dated 12 June 2000, which shows that at the time of his
enlistment in the Delay Entry/Enlistment Program, the applicant
acknowledged he was eligible for the MGIB Program based on his initial
entry on active duty after 30 June 1985.

4.  The applicant's records contain a DA Form 3286-67 (Statement of
Understanding (Army Policy)), dated 12 June 2000, which shows in Item 5
that the applicant enlisted for the MGIB.



5.  The applicant's records contain a DA Form 3286-59 (Statement for
Enlistment - United States Army Enlistment Program, U.S. Army Delayed
Enlistment Program), dated 23 February 2001, which shows that the applicant
acknowledged he may enlist into the Regular Army for a period of 3 years
for the U.S. Army Station/Unit/Command/ Area Enlistment Program.  This
document also shows the applicant chose "Fort Irwin" and acknowledged that
the date of his enlistment into the Regular Army was scheduled for 26
February 2001.

6.  Section F (Discharge from Delayed Entry/Enlistment Program) of the
applicant's DD Form 4/3 shows that on 26 February 2001 he requested
discharge from the Delayed Entry/Enlistment Program and enlistment in the
Regular Army for a period of 3 years.  Section H (Confirmation of
Enlistment or Reenlistment) of this document shows that the applicant
confirmed his enlistment in the Regular Army on 26 February 2001 by signing
the document in Item 22b (Signature of Enlistee/Reenlistee).

7.  The applicant's records contain a DD Form 2366, dated 1 March 2001,
which shows that upon entry into the Regular Army on active duty, the
applicant again acknowledged his MGIB eligibility and enrolled in the MGIB.

8.  The applicant's records contain a copy of his Enlisted Record Brief
(ERB), dated 22 September 2003.  Section III (Service Data) of the ERB
shows that his Basic Active Service Date (BASD) and Pay Entry Basic Date
(PEBD) are recorded as 26 February 2001.  In addition, this document does
not show any Time Lost by the applicant.

9.  The applicant's records contain a copy of Headquarters, National
Training Center and Fort Irwin, Fort Irwin, California, Orders 317-26,
dated 13 November 2003.  These orders reassign the applicant to the
Transition Management Activity, Fort Irwin, California, for release from
active duty on 27 November 2003. These orders also show that the
applicant's Terminal Date of Reserve Obligation is 11 June 2008.

10.  The applicant's records contain a copy of his DD Form 214 (Certificate
of Release or Discharge from Active Duty) with an effective date of 27
November 2003, which shows he was honorably released from active duty to
attend school, effective 27 November 2003.  Item 12 (Record of Service), in
pertinent part, contains the following entries:  Section a (Date Entered
Active Duty (AD) This Period):  "2001 06 06"; Section b (Separation Date
This Period):  "2003 11 27"; and Section c (Net Active Service This
Period):  0002 05 22".  Item 18 (Remarks) of the DD Form 214 contains, in
pertinent part, the following entry, "…//BLOCK 6, PERIOD OF DELAYED ENTRY
PROGRAM:  20000612-20010605//…".
11.  The applicant provides documentary evidence in support of his
application that includes a copy of an extract of his Report of Medical
Examination for his entrance examination, dated 7 June 2000; a
Chronological Record of Medical Care, dated 28 February 2001; and his
Initial Infantry Training Certificate, dated
8 June 2001, which offer evidence regarding events related to his inactive
and active military service dates.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

13.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
Item 12a are to enter the beginning date of the continuous period of active
duty for issuance of this DD Form 214, for which a DD Form 214 was not
previously issued.  The instructions for Item 12b state, in pertinent part,
to enter the Soldier's transition date and that this date may not be the
contractual date if the Soldier is separated early.  The instructions for
Item 12c state, in pertinent part, that the amount of service this period
is computed by subtracting Item 12a from Item 12b and that lost time under
Title 10 United States Code, Section 972, and non-creditable time after
expiration of term of service, if any, are deducted; such time will be
identified in Block 18.  In addition, the instructions for completing Item
18 state, in pertinent part, for a Soldier who has Delayed Entry Program
(DEP) time, enter "BLOCK 6 - PERIOD OF DEP (inclusive periods of DEP
time)".

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 12, Section a of his DD
Form 214, should be corrected because it does not show the correct date
that he entered on active duty and it is affecting his MGIB educational
benefits.  The applicant provides documents which show events that took
place regarding his initial military entrance processing and advanced
individual training in support of his contention that his active duty date
is incorrect on his discharge document and should be changed to read 25
February 2001; however, these documents do not provide evidence that his
date of entry on active duty was 25 February 2001.


2.  The evidence of records shows that the applicant entered the U.S. Army
Reserve Delayed Entrance Program in an inactive status on 12 June 2000 and
that he enrolled in the MGIB program for educational benefits.  The
evidence of records also shows that the applicant was discharged from the
U.S. Army Reserve for immediate entry in the Regular Army in an active duty
status on
26 February 2001 and was released from active duty on 27 November 2003.

3.  The evidence of records indicates that the date entered in Item 12a of
the applicant's DD Form 214 by the Transition Management Activity was
inadvertently taken from Section B, Item 8a, of the applicant's DD Form
4/1.  Therefore, his records should be corrected to reflect the correct
date that he entered on active duty (i.e., 26 February 2001).  In addition,
the applicant's net active service for this period should also be
corrected.

4.  Given the evidence of records regarding the applicant's date that he
entered active duty, Item 12, Section a (Date Entered AD This Period) of
his DD Form 214 should be corrected to show 26 February 2001.  In addition,
Item 12,
Section c (Net Active Service This Period) of his DD Form 214 should also
be corrected to show that he completed 2 years, 9 months, and 2 days of net
active service this period.  In addition, Item 18 (Remarks) of his DD Form
214 should also be corrected to show the correct period of Delayed Entry
Program as
12 June 2000 through 25 February 2001.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JCH __  __REB __  __JRM __  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 showing the following corrections to the
applicant's DD Form 214:

      a.  Item 12a.  Date Entered AD This Period
                 Delete:  "2001  06  06"
                 Add:     "2001  02  26"

      b.  Item 12c.    Net Active Service This Period
                 Delete:  "0002  05  22"
                 Add:     "0002  09  02"

      d.  Item 18.     Remarks
                 Delete:  "BLOCK 6, PERIOD OF DELAYED ENTRY
                PROGRAM:  20000612-20010605"
                 Add:     "BLOCK 6 - PERIOD OF DELAYED ENTRY
                PROGRAM:  20000612 - 20010225"

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
the claim of having entered active duty on 25 February 2001.




                                  _____ JAMES C. HISE ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004562                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20031127                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 5-16              |
|DISCHARGE REASON        |To Attend School                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0000.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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