IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002149
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he has a Reserve obligation until 9 January 2016.
2. The applicant states he enlisted in the U.S. Army Reserve (USAR) on 18 December 2012 for a 3-year period.
3. The applicant provides:
* DA Form 5691-R (Request for Reserve Component Assignment Orders)
* DD Form 4 (Enlistment/Reenlisment Document Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. The DD Form 4 and DA Form 5691-R that the applicant provided were completed in conjunction with his enlistment in the USAR. The DA Form 5691-R shows that on 18 December 2012, he enlisted in the USAR for a 3-year period while on terminal leave.
2. After completing a period of 9 years, 8 months, and 4 days of Regular Army (RA) service, the applicant was honorably released due to completion of required active service on 9 January 2013.
3. His DD Form 214 shows in item 6 (Reserve Obligation Termination Date) the entry "00000000."
4. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.
a. Paragraph 2-1 states the DD Form 214 provides a clear-cut record of active service at the time of release from active duty, retirement or discharge.
b. Paragraph 2-4h(6), states 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 military service obligation starts on the date of initial enlistment or appointment in the RA, Army National Guard, or the USAR to include the Delayed Entry Program. The completion date of the statutory military service obligation (MSO) will be entered in item 6 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form to show 9 January 2016 as his Reserve obligation termination date was carefully considered.
2. Although the applicant enlisted in the USAR for a 3-year period prior to his RA discharge, his DD Form 214 covers his prior period of active service and shows he completed over 9 years of active service. Because he had completed his
8-year MSO when he was discharged from the RA, his DD Form 214 accurately shows he did not have a statutory service obligation.
3. In view of the above, there is no evidentiary basis for granting the requested relief.
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) AR20130002149
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ABCMR Record of Proceedings (cont) AR20130002149
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