RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 07 August 2007
DOCKET NUMBER: AR20070003135
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. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Ms. Ernestine I. Fields | |Member |
| |Mr. Randolph J. Fleming | |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 Certificate of
Release or Discharge (DD Form 214) to show that he enlisted in the Regular
Army (RA) on 24 June 1987 and that he completed 4 years, 5 months and 5
days of net active service. He further requests that the remarks section
(block 18) on his DD Form 214 be corrected to show that he had no service
in the Delayed Entry Program (DEP) and that he be furnished a copy of his
initial United States Army Enlistment Contract.
2. The applicant states, in effect, that he enlisted in the Regular Army
(RA) on 24 June 1987 and was separated on 29 November 1991. He states that
he had no service in the DEP and that he would like for all reference to
any service in the DEP to be deleted from his DD Form 214. He states that
if his requests are not approved, he will be separated from the United
States Navy due to high year tenure.
3. The applicant provides in support of his application, a copy of his DD
Form 214; a copy of his Leave and Earning Statement; and a copy of his
Report of Separation and Record of Service (NGB Form 22).
CONSIDERATION OF EVIDENCE:
1. On 24 June 1987, the applicant enlisted in the United States Army
Reserve (USAR) in Atlanta, Georgia, for 8 years, under the DEP. He
enlisted in the RA on 3 September 1987, for 4 years, in the pay grade of E-
1. He went on to successfully complete his training as an Indirect Fire
Infantryman.
2. He was promoted to the pay grade of E-2 on 3 March 1988 and he was
promoted to the pay grade of E-3 on 1 September 1988.
3. On 25 April 1989, the applicant extended his 4-year enlistment to 4
years and 8 months. He was promoted to the pay grade of E-4 on 1 October
1989.
4. The applicant completed 4 years, 2 months and 27 days of net active
service prior to being honorably released from active duty (REFRAD) under
the provisions of Army Regulation 635-200, chapter 5, section II, as
directed by the Secretary of the Army, for the Convenience of the
Government. The DD Form 214 that he was furnished at the time of his
REFRAD shows that he enlisted in the RA on 3 September 1987; that he
completed 4 years, 2 months and 27 days of net active service; and that he
was in the DEP from 24 June 1987 through 2 September 1987.
5. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. There appears to be no error on the applicant's DD Form 214 regarding
the date he enlisted in the RA, his net active service, or service in the
DEP.
2. The applicant's contentions have been noted. However, his enlistment
contract clearly shows that when he enlisted on 24 June 1987, he enlisted
in the USAR under the DEP; and that he did not enlist in the RA until 3
September 1991. This information is properly reflected on his DD Form 214
and the fact that he may be separated by the United States Navy due to high
year tenure is not a basis for changing the information contained therein.
3. In order to justify correction of a military record the applicant must
show 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.
4. In view of the foregoing, there is no basis for granting the
applicant's request.
5. However, the Board has noted the applicant's request that he be
furnished a copy of his initial Army Enlistment Contract. Since, this
request does not require Board action and since it is not an administrative
correction, the staff of the Board will furnish the applicant a copy of his
Army Enlistment Contract.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RJF___ __EF____ __LDS__ 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.
___Linda D. Simmons___
CHAIRPERSON
INDEX
|CASE ID |AR20070003135 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070807 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 222 |112.0000/ENLISTMENT CONTRACT |
|2. 227 |112.0500/DATE OF ENLISTMENT |
|3. | |
|4. | |
|5. | |
|6. | |
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