RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 NOVEMBER 2005
DOCKET NUMBER: AR20050012337
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas Howard | |Chairperson |
| |Mr. John Infante | |Member |
| |Ms. Carmen Duncan | |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 records be corrected to show that he
enlisted in the United States Army Reserve (USAR) under the Delayed Entry
Program (DEP) on 16 July 1999, that his DD Form 214 be corrected and that
he receive service credit for that time.
2. The applicant states that he originally enlisted under the DEP on 19
July 1999 and on 12 June 2000, he again enlisted under the DEP because he
changed his military occupational specialty (MOS). He goes on to state
that he was serving under two active contracts at the same time and did not
receive a report of separation (DD Form 214) for the first one.
3. The applicant provides a copy of his enlistment contract and portions
of the Department of Defense Financial Management Regulation (DODFMR)
Volume 7A, which describes creditable service.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the USAR under the DEP on 16 July 1999 for a period of
8 years, training as an infantryman, a cash enlistment bonus and assignment
to Fort Campbell, Kentucky. His date for enlistment in the Regular Army
was scheduled for 7 June 2000.
2. On 6 June 2000, orders were published by the Army Recruiting Battalion
in Jacksonville, Florida, which separated the applicant from the DEP
effective 5 June 2000.
3. On 12 June 2000, he again enlisted in the USAR under the DEP for a
period of 8 years. He enlisted in the Regular Army on 30 August 2000 for a
period of 5 years and training as a military policeman (MP).
4. He completed his basic combat training at Fort Jackson, South Carolina
and his advanced individual training as an MP at Fort Leonard Wood,
Missouri, before being transferred to Germany.
5. He also served tours in Afghanistan and Iraq and was promoted to the
pay grade of E-5 on 1 February 2004.
6. On 29 September 2005, he was honorably released from active duty
(REFRAD) due to completion of required service. He had served 5 years, and
1 month of total active service and was transferred to the USAR Control
Group (Reinforcement). His DD Form 214 issued at the time of his REFRAD
indicates that he was in the DEP from 12 June 2000 to 29 August 2000.
7. The DODFMR, Volume 7A, provides, in pertinent part, that service in the
DEP is not creditable service unless the individual performs inactive duty
training before beginning active duty or an initial period of active duty
for training.
8. Army Regulation 601-210 provides the policies and procedures governing
the DEP. It provides, in pertinent part, that non-prior service applicant
may be enlisted in the DEP for a maximum delay of 365 days. The Commander,
Recruiting Battalion is delegated authority to separate DEP enlistees or to
void enlistments as directed by the Commanding General, United States Army
Recruiting Command or Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant originally contracted for enlistment in the DEP on 16
July 1999 and enlistment in the Regular Army on 7 June 2000. However, he
renegotiated his contract for enlistment in the Regular Army and his
original contract was voided.
2. Inasmuch as he performed no inactive service during his original
contract and prior to entering into his new contract, his time in the DEP
is not creditable service. Accordingly, his original contract was voided
and orders were properly published to effect the termination of his
contract.
3. Accordingly, the applicant received DEP credit on his DD Form 214 for
the contract he fulfilled.
4. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____TH_ ____JI __ __CD___ 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.
____Thomas Howard__________________
CHAIRPERSON
INDEX
|CASE ID |AR20050012337 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/11/03 |
|TYPE OF DISCHARGE |N/A USAR-TPU Soldier |
|DATE OF DISCHARGE |N/A USAR-TPU Soldier |
|DISCHARGE AUTHORITY |N/A USAR-TPU Soldier |
|DISCHARGE REASON |N/A USAR-TPU Soldier |
|BOARD DECISION |(DENY) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |233/dep cr |
|1.113.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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