IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110001381
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 his military records be corrected to show his Military Service Obligation (MSO) date is 18 May 2011.
2. The applicant states:
* The U.S. Army Reserve (USAR) Headquarters Command has his MSO date as 21 September 2012
* His MSO date should be 18 May 2011
* His initial contract signing date was 19 May 2003
* His DD Form 214 (Certificate of Release or Discharge from Active Duty) accurately reflects his correct MSO date
* The USAR Command has refused to change his MSO date
3. The applicant provides:
* Enlistment contract
* DD Form 214
* Order Changing Name
* Social Security Card
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR Delayed Entry Program (DEP) on 19 May 2003 for period of 8 years with an MSO date of 18 May 2011. He was discharged from the USAR DEP on 12 January 2005. He enlisted in the Regular Army on 13 January 2005 for a period of 4 years. On 24 January 2010, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement to complete his remaining service obligation.
2. Item 6 (Reserve Obligation Termination Date) of his DD Form 214 shows the entry "20110518" [18 May 2011].
3. In the processing of this case, an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, Washington, D.C. That office recommends the applicant's request be granted. The opinion points out:
* The applicant enlisted under the "College First Program" on 19 May 2003 and that is when the clock should have started
* On 22 September 2004 he received his job assignment and this date has nothing to do with his initial date/MSO
* The applicant's MSO date of 21 September 2012 should read 18 May 2011
4. A copy of the advisory opinion was provided to the applicant to provide comment or rebuttal; however, he did not respond within the given time frame.
5. Army Regulation 635-5 (Separation Documents) states the reserve obligation termination date will be entered in item 6 of the DD Form 214. This is the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces. DOD [Department of Defense] 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.
DISCUSSION AND CONCLUSIONS:
Evidence shows he enlisted in the USAR DEP on 19 May 2003 for a period of
8 years with an MSO date of 18 May 2011. His DD Form 214 correctly shows his MSO date is 18 May 2011. Therefore, his military records should be corrected to show his MSO is 18 May 2011.
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 showing his MSO date is 18 May 2011.
_______ _ 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) AR20110001381
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ABCMR Record of Proceedings (cont) AR20110001381
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