Search Decisions

Decision Text

ARMY | BCMR | CY2006 | AR20060001277C070205
Original file (AR20060001277C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 MAY 2006
      DOCKET NUMBER:   AR20060001277


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Karmin Jenkins                |     |Member               |
|     |Mr. David Tucker                  |     |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, that his basic active service date
(BASD) be corrected to reflect his proper active service in the National
Guard.

2.  The applicant states, in effect, that he served on active duty from 6
July 1983 to 5 May 1987, that he served in the National Guard from 13
August 1987 to 7 June 1989 and that he came back on active duty on 8 June
1989.  However, his BASD was never corrected to reflect the active duty
days he served while in the National Guard.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of his report of separation from the National Guard (NGB Form
22 and NGB Form 23) his enlistment contract and a request for personnel
action (DA Form 4187).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on 11
December 1982 under the Delayed Entry Program (DEP) and remained in the DEP
until 6 July 1983, when he enlisted in the Regular Army.  He served on
active duty until he was honorably released from active duty on 5 May 1987.

2.  He enlisted in the National Guard on 6 May 1987 and continued to serve
until he again enlisted in the Regular Army on 8 June 1989.  He was
promoted to the pay grade of E-7 on 1 March 2004.  A review of his records
shows his BASD as 8 August 1985.

3.  In the processing of this case, a staff advisory opinion was obtained
in the form of a service computation made by officials of the Human
Resources Command – Alexandria, which indicates that the applicant was not
credited with 19 days of active duty performed while assigned to the
National Guard and thus his BASD was adjusted to 19 July 1985.  The
advisory opinion was provided to the applicant for comment and to date, no
response has been received by the staff of the Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was not credited with all of his
active service has been noted and found to have merit.  The applicant
served 19 days of active duty with the National Guard that should have been
calculated with his other active service at the time of his reentry back
onto active duty.
2.  Accordingly, it would be in the interest of justice at this time to
correct his records to show that his BASD is adjusted to 19 July 1985
instead of 8 August 1985 as currently reflected in his records.

BOARD VOTE:

____AR _  ___KJ___  ___DT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that his BASD is adjusted to 19 July 1985.






                                  _____Allen Raub________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001277                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060504                                |
|TYPE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A AC Soldier on AD                    |
|DISCHARGE REASON        |N/A AC Soldier on AD                    |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |1021/BASD                               |
|1.100.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003086923C070212

    Original file (2003086923C070212.rtf) Auto-classification: Approved

    The applicant also requests that Block 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program) of the DD Form 214 be changed from "No" to "Yes." The applicant stated in his continuation of the DD From 149, Application for Correction of Military Record, "Member contributed to Post-Vietnam Era Veteran's Educational Assistance Program. The evidence of record shows that the applicant enlisted on 15 August 1985.

  • ARMY | BCMR | CY2006 | 20060010085C071029

    Original file (20060010085C071029.doc) Auto-classification: Approved

    The applicant provides the following documents in support of his application: Personnel Qualification Record (DA Form 2A), dated 18 October 1985; Enlistment Contract (DD Form 4/1,4/2 and 4/3); Verification of Personnel Data (DD Form 1966/1-/8); Statements of Enlistment (DA Forms 3286- 40 and 3280-5); Military Entrance Processing Station (MEPS) Travel Orders 196-5, dated 30 September 2003; Dental Treatment Record (SF 608); Permanent Change of Station (PCS) Orders, dated 23 February 1984;...

  • ARMY | BCMR | CY2001 | 2001065542C070421

    Original file (2001065542C070421.rtf) Auto-classification: Denied

    APPLICANT STATES : That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion. On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983...

  • ARMY | BCMR | CY2003 | 2003087986C070212

    Original file (2003087986C070212.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY2001 | 2001056734C070420

    Original file (2001056734C070420.rtf) Auto-classification: Denied

    Orders 001-003, PERSCOM dated 5 January 1993 adjusted the applicant’s date of rank to 6 July 1987. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: While the applicant noted his work with the CIA when he applied for active duty, he did not indicate that he would accept active duty only if his CIA tour was counted as AFS.

  • ARMY | BCMR | CY2003 | 2003086390C070212

    Original file (2003086390C070212.rtf) Auto-classification: Denied

    APPLICANT STATES : In effect, he requests his DEP time be cancelled and that his record show no break in service during this period. He states that he believes his PEBD should have been computed correctly upon his entrance on active duty with the Regular Army (RA). He stated that his initial record showed that his PEBD was wrong and it should have been computed correctly upon his entrance on active duty in November 1985.

  • ARMY | BCMR | CY2003 | 2003088498C070403

    Original file (2003088498C070403.rtf) Auto-classification: Denied

    On 31 March 1978, he enlisted in the U.S. Army Reserve. Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, it requires 7 years time in grade (TIG) as a CPT to be considered for mandatory promotion to MAJ or a minimum of 4 years TIG to be eligible for consideration for a unit vacancy promotion. The Board determined that the evidence presented and the merits of this case...

  • ARMY | BCMR | CY2009 | 20090018991

    Original file (20090018991.txt) Auto-classification: Approved

    The applicant requests, through his United States Senator: * That his name be "cleared of the slander and libel stating that I was AWOL [absent without leave]" * That his rank be adjusted to something higher, such as lieutenant colonel * That his student loans be repaid * That his retirement points be updated * That he receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his Reserve Army Nurse Corps service 2. The applicant enlisted in the Pennsylvania Army...

  • ARMY | BCMR | CY2009 | 20090020238

    Original file (20090020238.txt) Auto-classification: Approved

    The applicant requests correction of his record to show he served until April 1989 and completed his service obligation. When the applicant enlisted in the Oregon Army National Guard on 14 April 1983, he incurred a contractual obligation to serve as an active member of the Army National Guard for 3 years and a statutory obligation to serve as a Reserve of the United States Army for 6 years. He was not discharged on that date because he had not completed his contractual obligation.

  • ARMY | BCMR | CY2005 | 20050008449C070206

    Original file (20050008449C070206.doc) Auto-classification: Denied

    On 5 October 1983, the battalion commander forwarded the applicant's signed statement to The Adjutant General of Connecticut stating the applicant declined promotion with continued assignment to the Army National Guard of the United States in present grade as no vacancy presently existed for him to accept promotion in the higher grade. The applicant was informed that, since the records showed he had declined promotion to major [while in the ARNG], his promotion to major [once transferred to...