RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 January 2008
DOCKET NUMBER: AR20070013498
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry
Chairperson
Mr. John T. Meixell
Member
Mr. Rowland C. Heflin
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 delayed entry program (DEP) date be adjusted from 12 August 2005 to 10 November 2004.
2. The applicant states, in effect, that he was erroneously discharged from DEP.
He remained in the DEP but his active duty date was adjusted to accommodate the situations that arose while in the DEP.
3. The applicant provides a copy of his enlistment contract in support of his request.
CONSIDERATION OF EVIDENCE:
1. A review of the TAPDB (Total Army Personnel Data Base) History Tree, from the Army Human Resources Command (AHRC), shows that the applicant enlisted in the DEP on 10 November 2004.
2. DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows that the applicant enlisted in the Regular Army on 12 August 2005 for 4 years in pay grade E-1.
3. In the processing of this case, an advisory opinion was requested of the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G1.
4. An advisory opinion was provided on 2 November 2007. The G1 stated that the applicants case was reviewed by their office. G1 discovered that the applicant enlisted into the Army's DEP on 10 November 2004, with an active duty date of 22 June 2005. G1 records indicate that he was erroneously separated from the DEP on 20 November 2004. However, several records show the applicant as still being in the DEP. The applicant could not ship to training in June 2005 because he failed to graduate from high school. His active duty date was changed to 10 August 2005 to allow him time to attend summer school. Thus, he did not actually depart on to active duty until 12 August 2005. The applicant should not have been discharged from the DEP on 20 November 2004.
5. G1 states that this error should have been discovered by the Army guidance counselor and resolved prior to shipping the applicant onto active duty from the MEPS (Military Entrance Processing Station). G1 states the applicant enlisted in good faith and must not be penalized for an administrative error that was due to no fault of his own.
6. G1 recommends administrative relief for the applicant. The recommendation is based on guidance outlined in Army Regulation 601-210, dated 28 February 1995. G1 recommends that the applicant's DEP entry date be changed to 10 November 2004 on all of his military records and that his erroneous discharge be voided, as it should have occurred. G1 further recommends that action be taken to ensure that he has no break in service during the period 10 November 2004 to 12 August 2005.
7. The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 5 November 2007 and he did not respond.
DISCUSSION AND CONCLUSIONS:
Based on the facts presented and G1's advisory opinion, the Board recommends administrative relief. The applicant's DEP entry date should be changed to 10 November 2004 on all of his military records. His erroneous discharge should be voided and action should be taken to ensure that he has no break in service during the period 10 November 2004 to 12 August 2005.
BOARD VOTE:
___J____ ___RCH_ ___HOF__ 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 to show:
a. his DEP entry date as "10 November 2004" on all official military records;
b. his erroneous discharge has been voided; and
c. he has no break in service during the period 10 November 2004 to
12 August 2005.
______Hubert O. Fry____
CHAIRPERSON
INDEX
CASE ID
AR20070013498
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080117
TYPE OF DISCHARGE
DATE OF DISCHARGE
Active duty
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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