IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100014267
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 2007 to show 12 March 2011 [20110312] in item 6 (Reserve Obligation Termination Date).
2. The applicant states she will not be paid her reenlistment bonus until this item of her DD Form 214 is corrected.
3. The applicant provides:
* her DD Form 214
* an electronic mail message detailing the need to have her DD Form 214 corrected in order to receive her reenlistment bonus
* her initial DD Form 4 (Enlistment/Reenlistment Document)
* a corrected copy of her DD Form 4 for her reenlistment
* her DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment)
* her USAR Reenlistment Bonus Addendum
* her DA Form 5261-4-R (Student Loan Repayment Program Addendum)
* her DA Form 5435-R (Statement of Understanding - The Selected Reserve Montgomery GI Bill)
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the Delayed Entry Program (DEP) on 13 March 2003, enlisted in the Regular Army on 29 April 2003, and served 4 years in the Regular Army. She was awarded the military occupational specialty of automated logistical specialist and was promoted to pay grade E-4.
2. The DD Form 214 in question shows she was released from active duty on 28 April 2007 and transferred to the U.S. Army Reserve Control Group (Reinforcement) due to completion of required active service. This document contains the following entry in item 6: "20110311."
3. The applicant's DD Form 214, item 18 (Remarks), contains the entry: "Period of Delayed Entry Program: 20030313-20030428."
4. U.S. Army Human Resources Command Orders C-06-811331, dated 11 June 2008, show she was transferred to a troop program unit effective 10 June 2008. A DD Form 4 shows that on 4 October 2009 she reenlisted for a period of 6 years in a U.S. Army Reserve troop program unit.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
6. Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes that effective 1 June 1984 all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces. The time spent in the DEP is creditable toward fulfillment of the statutory military service obligation (MSO).
7. Army Regulation 635-5, in effect at the time, stated that for item 6, this was the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces. Department of Defense policy required 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 started on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or U.S. Army Reserve, to include the DEP.
DISCUSSION AND CONCLUSIONS:
1. The evidence in the applicant's records indicates that by adding exactly 8 years to her initial entry date into the Armed Forces of 13 March 2003, her Reserve Obligation Termination Date is 12 March 2011. As such, she is entitled to have item 6 of her DD Form 214 corrected to show "20110312."
2. In view of the foregoing, the applicant is entitled to have her records corrected as shown below.
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 the DD Form 214 for the period ending 28 April 2007 of the individual concerned be corrected by amending item 6 to show "20110312."
____________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) AR20100014267
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ABCMR Record of Proceedings (cont) AR20100014267
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