BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030072
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 record to show his Reserve obligation termination date was 11 December 2010.
2. He states his Reserve obligation termination date is incorrectly listed as
4 August 2011.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. On 12 December 2002, the applicant entered the Delayed Entry/Enlistment Program (DEP) and enlisted in the U.S. Army Reserve (USAR) for a period of 8 years. Paragraph B8a of the DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his time in the DEP was not creditable for pay purposes, but counted towards fulfillment of his military service obligation (MSO) or commitment.
2. On 4 August 2003, he was discharged from the DEP and enlisted in the Regular Army on 5 August 2003. He was honorably released from active duty on 4 August 2007 after completing 4 years of active service and transferred to the USAR Control Group (Reinforcement).
3. On 2 May 2007, the Wiesbaden Transition Center, Wiesbaden Army Airfield, Germany, issued Orders 122-012 assigning him to the center for transition processing. The orders show his date of release from active duty was 4 August 2007, and the terminal date of his MSO was 11 December 2010.
4. Item 6 (Reserve Obligation Termination Date) of his DD Form 214 shows 11 December 2010.
5. His record in the Total Army Personnel Database-Reserve (TADB-R) shows his MSO expires on 4 August 2011 and his expiration term of service (ETS) is also shows as 4 August 2011.
6. The record is void of documentation showing he incurred a service obligation beyond that which is shown in the enlistment contract he executed in 2002.
DISCUSSION AND CONCLUSIONS:
1. On 12 December 2002, the applicant enlisted in the USAR for a total of
8 years, meaning his MSO would expire on 11 December 2010. The time he was in the DEP prior to entering active duty in the RA was creditable towards his 8-year commitment.
2. There is no documentary evidence showing he incurred any additional service obligations.
3. Considering the foregoing, it is apparent the entry in the TAPDB-R recording his MSO and ETS date are incorrect. The date is 8 years from the date he entered active duty, not 8 years from the date he initially enlisted in the USAR as it should be. Therefore, he is entitled to correction of his record in the TADB-R to show he was obligated to serve until 11 December 2010 and to show his ETS date was 11 December 2010.
4. As a result of these changes, the applicant should be discharged from the USAR in accordance with applicable laws and regulations.
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 changing the TADB-R to show his MSO and ETS dates as 11 December 2010 and discharging him from the USAR in accordance with applicable laws and regulations.
_______ _ 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) AR20100030072
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