BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008858
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his initial enlistment under the delayed entry program (DEP) on 31 December 1976.
2. The applicant states that his DD Form 214 incorrectly reflects his initial enlistment on 22 March 1977; however, he enlisted under the delayed entry program on 31 December 1976, the last day of eligibility under the G.I. Bill. He goes on to state that while the actual inactive service is reflected in block 12e under total prior inactive service, he needs the actual date he enlisted under the DEP entered in block 18 under Remarks in order to receive his educational benefits.
3. The applicant provides:
* a copy of his DD Form 214
* a copy of his initial enlistment contract under the DEP
* a copy of his Enlisted Record Brief (ERB)
* a copy of his DA Form 2-1 (Personnel Qualification Record Part II)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) on 31 December 1976 for a period of 6 years under the DEP. He was discharged from the USAR on 21 March 1977 for enlistment in the Regular Army on 22 March 1977 for a period of 4 years and training as an operating room specialist.
2. He completed his training and remained on active duty through a series of continuous reenlistments until he was honorably retired in the rank of command sergeant major on 31 March 2007 and was transferred to the Retired List effective 1 April 2007. He had served 30 years and 9 days of total active service and his DD Form 214 issued at the time of his retirement reflects that he had 2 months and 21 days of total inactive service.
3. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that total prior inactive service in block 12e will be obtained from previously-issued DD Form 214s and/or the ERB. DEP time that that began after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable for completing military service obligations and will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant initially enlisted in the USAR under the DEP on 31 December 1976 and served under the DEP until he was discharged on 21 March 1977 to enlist in the Regular Army on 22 March 1977.
2. While the amount of inactive service performed is reflected on his DD Form 214, it does not reflect when it was served.
3. Accordingly, it would be appropriate at this time to correct his DD Form 214 by adding his service in the DEP from 31 December 1976 to 21 March 1977 to the Remarks section of his DD Form 214.
BOARD VOTE:
___x____ __x_____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 18 of his DD Form 214 his inactive service in the USAR DEP from 31 December 1976 to 21 March 1977.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100008858
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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