IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090008792 


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 that the date of his enlistment in the U.S. Army Reserve (USAR) on his USAR discharge orders be corrected to 25 May 2000.  He also requests that his DD Form 214 be corrected to show his period of service in the military occupational specialty (MOS) 92F Petroleum Supply Specialist.

2.  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.  He wishes to have it corrected to prevent problems if he rejoins the military.  He was awarded the MOS 92F while serving in the USAR.

3.  The applicant provides copies of his 25 April 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty); USAR Personnel Command 
Orders C-05-14915; a 13 June 2008 DD Form 214; a 19 August 2006 DA Form 1059 (Service School Academic Report); Headquarters, 63d Regional Readiness Command, Orders 06-269-00008; Headquarters, 63d Regional Readiness Command, Orders 07-109-00012; and his 13 June 2008 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  On 16 June 2009 a DD Form 215 (Correction to the DD Form 214) was issued correcting the applicant's 13 June 2008 DD Form 214 to show he served as a 92F Petroleum Supply Specialist for 1 year and 3 months.  Since this portion of his request has already been accomplished, it will not be discussed further.

2.  The applicant enlisted in the USAR in the Delayed Entry Program (DEP) on 20 November 1997 with a Reserve obligation of 8 years.

3.  On 12 January 1998 he was discharged from the DEP and enlisted in the Regular component of the Army for a period of active duty of 2 years and 15 weeks.

4.  He completed training, was awarded MOS 11M (Mechanized Infantryman), and progressed normally, attaining the rank of specialist (E-4).

5.  On 25 April 2000 he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).

6.  The DD Form 214 issued at this time shows he had a Reserve obligation termination date of 19 November 2005.

7.  USAR Personnel Command Orders C-05-14915, dated 30 May 2000, transferred the applicant from the USAR Control Group (Reinforcement) to a troop program unit effective 25 May 2000.  No enlistment, reenlistment, or other contractual agreement is included in his integrated Personnel Electronic Records Management System (iPERMS) file to document this election.

8.  Headquarters, 63d Regional Readiness Command, Orders 06-269-00008, dated 26 September 2006, awarded the applicant the MOS 92F.

9.  On 15 March 2007, the applicant enlisted in the Regular Army for 3 years.

10.  Headquarters, 63d Regional Readiness Command, Orders 07-109-00012, dated 19 April 2007, discharged the applicant from the USAR effective 15 March 2007.  The additional instructions state, "Your enlistment in the USAR on 1998/01/12 was terminated on the effective date of this order as a result of your immediate reenlistment in the Army on 2007/03/15."

11.  The applicant was honorably discharged on 13 June 2008.  He had a total of 3 years, 6 months, and 13 days of active duty with 6 years, 10 months, and 19 days of inactive service.

12.  The DEP is a program in which an individual may enlist in a Reserve or inactive component of a military service and specify a future reporting date for entry on active duty in the Active Component that would coincide with availability of training spaces and with personal plans, such as high school graduation.

13.  Army Regulation 635-5 (Separation Documents) provides that the Reserve obligation termination date is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  The Department of Defense 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 USAR to include the DEP.  DEP time is credited in computing this date.

14.  Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System.  The regulation does not show that there is a mandatory entry in the additional instructions in USAR discharge orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that the orders discharging him from the USAR have the date of his entry onto active duty, not the date he entered service in the USAR.  He wishes to have it corrected to prevent problems if he rejoins the military.

2.  The applicant enlisted in the USAR under the DEP provisions on 20 November 1997 with an 8-year MSO.  He served on active duty for 2 years and 3 months and was transferred to the USAR to complete his obligated 8 years of military service.

3.  It appears that the applicant reenlisted in the USAR at some point after his release from active duty, but prior to the expiration of his initial period of obligated USAR service.  However, the available record does not contain any documentation to validate what that date may have been.  Without some documentation to show the applicant enlisted in the USAR on 25 May 2005, utilization of this date is not appropriate.

4.  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 one requested by the applicant is correct.

5.  Since the additional instructions on the orders are not a mandatory entry and in no way affect either the calculation of the applicant's periods of service or his reenlistment eligibility, to avoid possible confusion the most effective relief is to delete the specific date entirely.

6.  Therefore, it is appropriate to amend the orders to read, "Your enlistment in the USAR was terminated on the effective date of this order as a result of your enlistment in the Army on 2007/03/15."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the first sentence in the additional instructions in Headquarters, 63d Regional Readiness Command, Orders 07-109-00012, dated 19 April 2007, to read, "Your enlistment in the USAR was terminated on the effective date of this order as a result of your enlistment in the Army on 2007/03/15."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending the additional instructions in Headquarters, 63d Regional Readiness Command, Orders
07-109-00012, dated 19 April 2007, to show an enlistment date of 25 May 2000.




      ___________X______________
                 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)                                         AR20090008792



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ABCMR Record of Proceedings (cont)                                         AR20090008792



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