BOARD DATE: 24 October 2014
DOCKET NUMBER: AR20130004458
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 item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date 5 April 2012 vice 8 June 2013.
2. The applicant states he was honorably discharged on 5 April 2012.
3. The applicant provides his DD Form 214 and orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 9 June 2005. Section B (Agreements) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows, in part, that he was enlisting in the USAR for a period of 8 years. He was discharged from the DEP on 31 July 2005.
2. He enlisted in the Regular Army (RA) on 1 August 2005 for a period of 3 years and 25 weeks.
3. He was honorably released from active duty on 5 April 2009 by reason of completion of required active service and he was transferred to the USAR, 175th Combat Support Company, Fort Jackson, SC. He completed 3 years, 8 months, and 5 days of creditable active service.
4. Item 6 of the DD Form 214 he was issued shows the entry 8 June 2013.
5. The applicant provides Orders 12-082-00049, dated 22 March 2012, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, honorably discharging him from the USAR effective 5 April 2012.
6. 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 DEP. The completion date of the statutory military service obligation (MSO) will be entered in item 6 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
In accordance with regulatory guidance, when the applicant enlisted in the USAR DEP on 9 June 2005 his MSO was set at 8 June 2013. This is the MSO that is properly shown on the DD Form 214 he was issued when he was released from the RA on 5 April 2009. Although he may have subsequently been discharged from the USAR effective 5 April 2012, the DD Form 214 is a record of active service and reflects conditions that existed at the time of release from active duty. Therefore, he is not entitled to 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) AR20130004458
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ABCMR Record of Proceedings (cont) AR20130004458
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