BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004912
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 May 1999 be corrected to show that he entered active duty on 31 May 1995 instead of 1 June 1995.
2. The applicant states that when he enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP), his report date for active duty was established as 31 May 1995 and he reported as directed; however, his records reflect that he reported a day later on 1 June 1995 and he did not notice it at the time of his release from active duty.
3. The applicant provides a list of supporting documents in block 9 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 28 January 1995 for a period of 8 years under the DEP with a report date to active duty in the Regular Army for a period of 4 years beginning 31 May 1995. However, all of his enlistments contract documents show that he reported to active duty and signed his oath and contract on 1 June 1995.
2. He was transferred to Fort Leonard Wood, Missouri to undergo his basic training and his date of rank was also established a 1 June 1995. He was then transferred to Fort Lee, Virginia to undergo his advanced individual training as an automated logistics specialist.
3. He was initially assigned to Fort Bragg, North Carolina and then to Fort Hood, Texas. He was promoted to the pay grade of E-5 on 23 April 1998.
4. On 31 May 1999 he was honorably released from active duty due to completion of required service. He had served 4 years of total active service.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information contained on the DD Form 214 will be obtained from the individuals official records in effect at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has provided a copy of his enlistment contract showing that he was scheduled for enlistment in the Regular Army on 31 May 1995 when he enlisted in the USAR in January 1995, his actual contract shows that he signed the document and took his oath on 1 June 1995.
2. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant the applicants request to change the date of his entry on active duty.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110004912
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