IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080008454
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct Reserve Obligation Termination Date as 20 June 2008 instead of 20 June 2009.
2. The applicant states that he enlisted in the Delayed Entry Program (DEP) on 16 June 2000 and that the DD Form 4 (Enlistment/Reenlistment Document) he signed stated that his DEP time counts toward his military service obligation (MSO). He adds that his first DD Form 214 shows the correct date and believes that the second DD Form 214 contains a clerical error. He would like it corrected to preserve the integrity of his records.
3. The applicant provides copies of his DD Forms 214, dated 21 June 2001 and 5 November 2006; and a copy of his DD Form 4, dated 16 June 2000 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the DEP for a period of 8 years on 16 June 2000. Item 10 (Military Service Obligation for All Members) of his DD Form 4 stated "For all enlistees: If this is my initial enlistment, I must serve a total of eight (8) years. Any part of that service not served on active duty must be served in a Reserve Component unless I am sooner discharged."
2. The applicant's records further show he was discharged from the DEP on 20 June 2001 and subsequently enlisted in the Regular Army for a period of 3 years on 21 June 2001. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).
3. The applicant's records further show he was honorably released from active duty on 22 June 2005 and transferred to the USAR Control Group (Reinforcement) in the rank/grade of sergeant (SGT)/E-5. The DD Form 214 he was issued shows he completed 4 years and 2 days of creditable military service. Item 6 (Reserve Obligation Termination Date) of this form shows 20 June 2008.
4. On 5 November 2006, the applicant was ordered to active duty in support of Operation Iraqi Freedom for a period of 475 days (later amended to 545 days). He subsequently served in Iraq from 21 March 2007 to 1 March 2008.
5. Upon completion of his deployment, the applicant was placed in a Post-Deployment/Mobilization Respite Absence (PDMRA) status from 15 March 2008 to 2 May 2008.
6. All Army Activities (ALARACT) Message 173/2007, dated 7 August 2007, announced implementation guidance for a new category of administrative absence called PDMRA. PDMRA is a Department of Defense (DOD) program intended to compensate Soldiers with days of administrative absence/non-chargeable leave when required to mobilize or deploy with a frequency beyond established DOD rotation policy thresholds. This program is effective immediately and applies to creditable deployments and mobilizations underway on, or commencing after, 19 January 2007.
7. Upon conclusion of his PDMRA, he was honorably released from active duty to the control of his USAR unit on 2 May 2008. The DD Form 214 he was issued shows he completed 1 year, 5 months, and 28 days of creditable military service during this period. Additionally, item 6 of this form shows 20 June 2009.
8. In the processing of this case, on 30 December 2008, an advisory opinion was obtained. A staff member of the U.S. Army Human Resources Command (HRC), St. Louis, MO, stated that the applicant's correct MSO date should be 15 June 2008; however, his expiration term of service (ETS) date should be 20 June 2009. The applicant was in the DEP from 16 June 2000 to 20 June
2001 and was also retained in the service for a period of 368 days for the convenience of the Government in accordance with Title 10, U.S. Code, section 12305.
9. The applicant was furnished with a copy of this advisory opinion on 22 January 2009; however, he did not respond.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 6 shows the Soldier's Reserve obligation termination date. This is the completion date of the statutory military service obligation incurred by a Soldier on initial enlistment or appointment in the Armed Forces. DOD policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years. The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or the USAR to include the DEP. DEP time is credited in computing this date.
11. Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the Army National Guard and the USAR. Chapter 4 of this regulation describes the expiration of service obligation. Paragraph 4-3 states that a Soldier may not be held in the Army beyond the normal expiration of service obligation unless the service obligation is extended by law or the provisions of paragraph 2-15 of this regulation apply.
12. Title 10, U.S. Code §12305 provides the President the authority to suspend certain laws relating to promotion, retirement, and separation. It states, in pertinent part, a suspension made under the authority of this section shall terminate: upon release from active duty of members of the Reserve component ordered to active duty; or at such time as the President determines the circumstances which required the action of ordering members of the Reserve component to active duty no longer exist, whichever is earlier.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant enlisted in the DEP on 16 June 2000. His MSO was therefore established as 15 June 2008, 8 years from the date he enlisted. He enlisted in the Regular Army on 21 June 2001, completed 4 years and 2 days of military service, and was honorably released from active duty on 22 June 2005 and transferred to the USAR Control Group (Reinforcement). His MSO is incorrectly shown on his first DD Form 214, dated 22 June 2005, as 15 June 2008. It should be corrected to show 15 June 2008.
2. The applicant was also ordered to active duty in support of Operation Iraqi Freedom on 5 November 2006. Upon completion of his combat tour and subsequent PDMRA, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). Although he was retained on active duty for the convenience of the Government, this did not change his 8-year MSO. Therefore, the 20 June 2009 date shown on his second DD Form 214, dated
2 May 2008 is also incorrect and should be corrected to show 15 June 2008.
3. The evidence of record also shows that the applicant was retained in the service for a period of 368 days, beyond his normal discharge date, for the convenience of the Government. Therefore, although his MSO should be corrected to show 15 June 2008, his discharge date from the USAR is adjusted to 20 June 2009 to account for his 368 days retention in the service.
BOARD VOTE:
___X____ ___X____ ___X____ 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 deleting the entries "2008 06 20" and "2009 06 20" from Item 6 of the applicant's DD Forms 214, dated 22 June 2005 and 2 May 2008, respectively; and adding the entry "2008 06 15" to Item 6 of both DD Forms 214.
XXX
_______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080008454
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008454
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021292
His request for RSLSP was denied twice because item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 September 2003 shows 26 September 2003. The evidence of record shows the applicant enlisted in the USAR on 14 September 1994, served in the DEP from 14 September 1994 to 16 January 1995, and entered active duty in the RA on 17 January 1995. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | 20110010927
There is no record of a reenlistment or extension subsequent to 17 June 2000 and no record that separation/discharge orders were published to effect his discharge on 17 June 2000. These orders stated that he would remain subject to the Reserve Component unit stop loss policy for 90 days after his release from active duty date. The evidence of record supports the applicant's claim that he was subject to Stop Loss and held on active duty past his ETS.
ARMY | BCMR | CY2009 | 20090008792
The applicant requests that the date of his enlistment in the U.S. Army Reserve (USAR) on his USAR discharge orders be corrected to 25 May 2000. The applicant states, in effect, that the orders discharging him from the USAR show the date of his entry onto active duty, not the date he entered service in the USAR. There are no clear regulations or instructions covering what the initial date of enlistment in the USAR would be in such a case, but clearly neither the date on the orders nor the...
ARMY | BCMR | CY2012 | 20120006262
The second is for service members whose eligibility for retirement was suspended by Stop Loss. It states that RSLSP is a special pay for military members (including RC members) and former and retired members under the jurisdiction of the Secretary who, while serving on active duty at any time from 11 September 2001 to 30 September 2008, had their enlistment or period of obligated service involuntarily extended or whose established date of separation, release from active duty, or approved...
ARMY | BCMR | CY2010 | 20100011684
The applicant requests that item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 1 February 2007 be corrected. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant requests that his Reserve Military...
ARMY | BCMR | CY2009 | 20090006466
The applicant provides the following documents in support of her application: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 May 2001; * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service); * State of North Carolina, Orders 009-815, dated 9 January 2004, discharging her from the Army National Guard; * Departments of the Army and the Air Force National Guard Bureau Special Orders Number 34 AR, dated 12 February 2004; *...
ARMY | BCMR | CY2009 | 20090015119
On 6 January 2009, she requested separation under the provisions of Army Regulation 635-200, paragraph 8-1, by reason of pregnancy with a desired separation date of 1 April 2009. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. With respect to medical disability, the evidence of record shows she suffered some illnesses during her military service and was seen by medical personnel.
ARMY | BCMR | CY2008 | 20080012800
Title 10, U.S. Code, section 12731, provides that a member of the Active Reserves or National Guard is entitled, upon application, to retired pay if the person meets the following minimum requirements: be at least 60 years of age; have performed at least 20 years of qualifying service computed under section 12732, Title 10, U.S. Code; have performed the last 8 years of qualifying service while a member of the Active Reserve; and not be entitled, under any other provision of law, to retired...
ARMY | BCMR | CY2011 | 20110019841
The applicant requests correction of the following items of his 1 January 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty): a. The applicants Officer Records Brief (ORB) which was prepared on 4 June 2009 lists no overseas service, deployments, or combat service in Section I (Assignment Information). Further, this Afghanistan service should be documented in item 18 of the DD Form 214.
ARMY | BCMR | CY2011 | AR20080013041
Army Regulation 635-5 (Personnel Separations - 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. The evidence of record shows the applicant completed his initial MSO on 28 February 1975. The evidence of record also shows that the authority for this action was Army Regulation 635-40, paragraph 4-24b(5), disability (other), and the appropriate separation code...