IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015886
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 reconsideration of his earlier request to correct his record to show he completed 18 years of military service.
2. The applicant states that he was recruited on 9 July 1979, which was 1 year prior to when he entered active duty. He was only 17 years of age at the time. He contends that his paperwork does not show his 1-year of service in the delayed entry program (DEP). He also contends that he had 1 year authorized for out-processing.
3. The applicant provides copies of:
* Certificate of Enlistment, Delayed Entry Program, dated 9 July 1980
* Special Order Number 035-01, Landstuhl Regional Medical Center, dated 4 February 1997
* Memorandum from Chief, Inpatient Psychiatry, Landstuhl Regional Medical Center, undated
* Memorandum, Inpatient Psychiatry Service, Walter Reed Army Medical Center (WRAMC), dated 30 April 1997
* Memorandum from Commander, subject: Statement of Prolonged Hospitalization, dated 30 April 1997
* Order 82-13, WRAMC, dated 30 April 1997
* Orders 129-01, Landstuhl Regional Medical Center, dated 9 May 1997
* Order 101-19, WRAMC, dated 28 May 1997
* Order 112-12, WRAMC, dated 12 June 1997
* Letter Orders: D09-087, subject: Temporary Disability Retirement List (TDRL) Examination, dated 7 May 1998
* Certificate of Retirement, dated 30 September 2000
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) dated 29 August 2013
* Army Board for Correction of Military Records (ABCMR), Record of Proceedings (ROP), AR20130016458, with cover letter, dated 23 May 2014
* Letter from the Department of Veterans Affairs (VA), dated 27 August 2014
* Vista Electronic Medical Documentation, discharge Summaries, dated between 2 September 1997 and 27 August 2014
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130016458, on 22 May 2014
2. In the original ROP, the applicant contended that his DD Form 214 did not show his 1-year of service in the DEP or his subsequent 1-year of transition/out-processing. In this application, he has provided additional argument concerning his delayed entry service which should be considered as new evidence and requires consideration by the Board.
3. The original ROP states the applicant had enlisted in the U.S. Army Reserve (USAR) on 9 July 1980, for 6 years with his initial service in the DEP. He subsequently enlisted in the Regular Army on 26 August 1980 for 3 years. He served on active duty until his placement on the TDRL on 28 June 1997. He had completed 16 years, 10 months, and 2 days of active duty service. The Board did not find any evidence showing that the applicant had any additional active duty service which was not shown on his DD Form 214.
4. A review of the applicant's military records show:
a. A DD Form 4 (Enlistment/Reenlistment Document) indicating he had enlisted on 9 July 1980, in the USAR for 6 years. He indicated his understanding that he had to enter into the Regular component of the Army within a period of 365 days or else be ordered to active duty as a Reservist. He further acknowledged that his time in the DEP was creditable for pay purposes upon his enlistment on active duty. On 26 August 1980, he enlisted in the Regular Army for 3 years. This resulted in his total service in the DEP as 1 month and 17 days.
b. Orders, U.S. Total Army Personnel Command, dated 6 June 1997, announced the applicant's retirement effective 27 June 1997. He was placed on the retired list in a temporary status effective 28 June 1997, with a 30 percent disability rating.
c. Order 112-12, WRAMC, dated 12 June 1997, advised the applicant that he had up to 1 year to complete his selection for a home and to complete his travel in connection with his separation processing.
d. A DD Form 214 shows the applicant was retired on 27 June 1997 and placed on the TDRL due to a temporary physical disability. This form also shows that the applicant had completed 1 month and 17 days of inactive service.
e. Orders D191-2, U.S. Army Physical Disability Agency, dated
28 September 2000, announced the applicant's removal from the TDRL effective 29 September 2000 and permanent retirement status rated at 70 percent disabled.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he completed 18 years of military service. He argues that he served 1 year in the DEP and had another 1 year authorized for out-processing.
2. The available evidence of record clearly shows that the applicant entered the DEP on 9 July 1980. He remained in the DEP for 1 month and 17 days, after which he enlisted in the Regular Army. He remained in the Regular Army until his retirement due to physical disability on 27 June 1997. This gave him
16 years, 10 months, and 2 days of active duty service. His initial retired service in a TDRL status does not qualify as active duty.
3. The applicant's reference to having an authorized period of 1 year to complete his separation processing does not mean he is entitled to service credit for the time he needs to relocate his family and personal property.
4. In view of the above, there is no apparent error or injustice in what the Army did. Therefore, the applicant's request should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130016458, dated 22 May 2014.
_______ _ _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.
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